Clean Wisconsin, Inc. v. DNR

Appeal Number 2016AP001688

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
Awaiting Opinion/Decision

OCCD
SC
05-21-2021
Letter/Correspondence
Comment: Filed by Attorney Ruhland; Letter Confirming Substitution of Counsel

OCCD
SC
05-21-2021
Attorney Change
Comment: Attorney Ruhland substituted for Attorney Fassbender per noties filed 5/20/21 and 5/21/21

OCCD
SC
05-20-2021
Letter/Correspondence
Comment: Filed by Attorney Fassbender; advising he will no longer be counsel on this appeal and another attorney will be filing a notice of appearance.

OCCD
SC
04-21-2021
Attorney address updated
Comment: Address changed for attorney: 25768 Eric M. McLeod

OCCD
SC
04-12-2021
Oral Argument
Comment: 1st case, 9:45 a.m. (to be conducted via video/audio conferencing) Jordan J. Hemaidan for Intervenor-Co-Appellant Eric M. McLeod for Intervenor Andrea Gelatt for Petitioners-Respondents Jennifer L. Vandermeuse for Respondent-Appellant

OCCD
SC
03-26-2021
Attorney Change
Comment: Attorney Ruhland withdrawn per email from Attorney McLeod

OCCD
SC
03-25-2021
Certificate of Filing by Mail
Comment: Certificate of Filing by Mail re Food & Water Watch, et al. BAM

OCCD
SC
03-25-2021
Filed By: Zachary Corrigan
Comment: Food & Water Watch

OCCD
SC
03-25-2021
Filed By: Robert Fassbender
Comment: Wisconsin Manufacturers and Commerce, et al.

OCCD
SC
03-25-2021
Filed By: John Greene
Comment: Wisconsin Environmental Health Network

OCCD
SC
03-24-2021
Motion to File Amicus/Non-Party Brief
Filed By: Robert Fassbender
Submit Date: 3-25-2021
Decision: (G) Grant
Decision Date: 3-25-2021
ORD that the motions of WEHN and WMC amici are granted. Their briefs filed March 24, 2021, are accepted as filed.
FRO that the motion of Food & Water Watch amici is granted. The brief must be properly filed with the clerk of this court by March 26, 2021. No extensions will be granted.
BRIAN HAGEDORN, J., did not participate.
Comment: Wisconsin Manufacturers and Commerce

OCCD
SC
03-24-2021
Motion to File Amicus/Non-Party Brief
Filed By: John Greene
Submit Date: 3-25-2021
Decision: (G) Grant
Decision Date: 3-25-2021
ORD that the motions of WEHN and WMC amici are granted. Their briefs filed March 24, 2021, are accepted as filed.
FRO that the motion of Food & Water Watch amici is granted. The brief must be properly filed with the clerk of this court by March 26, 2021. No extensions will be granted.
BRIAN HAGEDORN, J., did not participate.
Comment: Wisconsin Environmental Health Network

OCCD
SC
03-24-2021
Motion to File Amicus/Non-Party Brief
Filed By: Zachary Corrigan
Submit Date: 3-25-2021
Decision: (G) Grant
Decision Date: 3-25-2021
ORD that the motions of WEHN and WMC amici are granted. Their briefs filed March 24, 2021, are accepted as filed.
FRO that the motion of Food & Water Watch amici is granted. The brief must be properly filed with the clerk of this court by March 26, 2021. No extensions will be granted.
BRIAN HAGEDORN, J., did not participate.
Comment: Food & Water Watch, Family Farm Defenders, and Sustain Rural Wisconsin Network

OCCD
SC
03-24-2021
Filed By: Kirsten Atanasoff
Comment: Wisconsin Legislature

OCCD
SC
03-24-2021
Reply Brief-Supreme Court
Reply Brief (Kinnard Farms, Inc.)
Comment: Kinnard Farms

OCCD
SC
03-15-2021
Filed By: Ryan Owens
Comment: Ryan J. Owens

OCCD
SC
03-10-2021
Response Brief-Supreme Court
BR2 - DNR Response Brief - Supreme Court
Filed By: Jennifer Vandermeuse
Comment: DNR

OCCD
SC
03-10-2021
Response Brief-Supreme Court
BR2 - Clean Wisconsin, Inc. et al.
Filed By: Andrea Gelatt
Comment: Clean Wisconsin, Inc. and Amy Cochart, Chad Cochart, Lynda Cochart, Roger DeJardin, and Sandra Winnemueller. Separate appendix.

OCCD
SC
03-05-2021
Response
Comment: 10/17 copies of CA briefs due.

OCCD
SC
03-01-2021
Other Papers
Comment: Filed by AAG Vandermeuse; Copy of Cover Page Enclosing COA Briefs

OCCD
SC
02-18-2021
Briefs Received At State Law Library

OCCD
SC
02-18-2021
Notice of Appearance
Comment: Kirsten A. Atanasoff for Wisconsin Legislature

OCCD
SC
02-10-2021
Motion to Extend Time
Filed By: Jennifer Vandermeuse
Submit Date: 2-10-2021
Decision: (G) Grant
Decision Date: 2-16-2021
IT IS ORDERED that the motion is granted. All response briefs shall be served and filed on or before March 10, 2021.
BRIAN HAGEDORN, J., did not participate.
See BR2 event due on 3-10-2021
Comment: Motion to Extend Time to file BR2 for DNR; 2/10/21 - duplicate filed by mail; 2/12/21 - additional mailed copies filed 2/16/21 CTO

OCCD
SC
02-05-2021
Rejected Electronic Document
Comment: First Supreme Court Brief - Wisconsin Legislature: This electronic filing is being rejected because the wrong document type is selected. Please select the brief of appellant as document type to match the physically filed copy.

OCCD
SC
02-04-2021
Filed By: Eric McLeod
Comment: Wisconsin Legislature.

OCCD
SC
02-04-2021
Filed By: Jordan Hemaidan
Comment: Kinnard Farms; separate appendix.

OCCD
SC
02-02-2021
Other Papers
Comment: Filed by Attorney Hemaidan; Cover Letter Enlosing Copy of COA Briefs

OCCD
SC
02-01-2021
Notice of Appearance
Comment: Attorney Cruze as co-counsel for Kinnard Farms per Notice of Appearance

OCCD
SC
01-28-2021
Assigned-Oral Argument

OCCD
SC
01-05-2021
Court Order
IT IS ORDERED that the motion is held in abeyance pending further order of the court.
BRIAN HAGEDORN, J., did not participate.
Comment: 1/5/21 Court Order 1/5/21 CTO

OCCD
SC
01-05-2021
Caption Amended
Comment: Caption Amendment Notice

OCCD
SC
01-05-2021
Court Order
ORD that within 30 days after the date of this order the intervenor-co-appellant, Kinnard Farms, and intervenor-co-appellant, Joint Committee on Legislative Organization on behalf of the Wisconsin Legislature, must file either a brief in this court or a statement that no brief will be filed; that within 20 days of filing, the respondent-appellant, Wisconsin Department of Natural Resources, and petitioners-respondents, Clean Wisconsin, et al., must each file either a response brief or a statement that no response brief will be filed; and that if a brief is filed by respondents, within 10 days of filing, the intervenors-co-appellants must each file either a reply brief or a statement that no reply brief will be filed; and
FRO that in any brief filed in this court the parties shall not incorporate by reference any portion of their court of appeals' brief; instead, any material upon which there is reliance should be restated in the brief filed in this court; and
FRO that in the event any party elects not to file a brief in this court, the briefs previously submitted by that party to the court of appeals shall stand as that party's brief in the Supreme Court; and
FRO that within the time period established for the filing of briefs, each party must provide the clerk of this court with copies of the briefs previously filed on behalf of that party in the court of appeals. If a party elects to file a new brief(s), 10 copies of their court of appeals brief(s) must be provided. If a party elects to stand on their court of appeals brief(s), 17 copies of each of their court of appeals brief(s) must be provided; and
FRO that this appeal and appeal no. 2018AP59 shall be scheduled for oral argument on the same calendar assignment; and
FRO that the parties shall be notified of the date and time for oral argument in these appeals in due course.
BRIAN HAGEDORN, J., did not participate.
Comment: 1/5/21 Court Order re Briefing Schedule

OCCD
SC
01-05-2021
Hold Status

OCCD
SC
12-10-2020
Letter/Correspondence
Comment: Filed by Attorney Lawless; Letter Advising of Updated Address

OCCD
SC
11-02-2020
Rejected Electronic Document
Comment: Motion to file Non-Party Brief; This efiled document is rejected as there is no statutory provision for the acceptance of electronic Supreme Court motions. Paper copies of the motion have been received by the Clerk's Office and submitted to the Court for review. No further action is necessary to this notice.

OCCD
SC
11-02-2020
Motion to File Amicus/Non-Party Brief
Filed By: Ryan Owens
Submit Date: 11-2-2020
Decision: (G) Grant
Decision Date: 3-15-2021
ORD that the motion is granted. The brief filed November 2, 2020, is accepted as filed.
BRIAN HAGEDORN, J., did not participate.
Comment: Motion to File Amicus/Non-Party Brief 3/15/21 Court Order

OCCD
SC
08-13-2020
Response
Comment: Filed by Attorney Hemaidan; Co-Appellant's Response to 7/28/20 CTO

OCCD
SC
08-12-2020
Response
Comment: Filed by Attorney Feinauer; Respondent, Clean Wisconsin, Response to 7/28/20 CTO; response filed by mail and hand delivered

OCCD
SC
08-11-2020
Response
Comment: Filed by Attorney McLeod; Wisconsin Legislature's Response to 7/28/20 CTO

OCCD
SC
08-11-2020
Response
Comment: Filed by AAG Johnson-Karp; Appellant's Response to 7/28/20 CTO

OCCD
SC
07-28-2020
Court Order
ORD that parties shall, within two weeks of the date of this order, file simultaneous letters/briefs discussing the status of the certified appeal and the impact of the decision in SEIU, Local 1 v. Vos, case nos. 2019AP614-LV and 2019AP622, if any, on the appeal and pending motion in the above-captioned case.
BRIAN K. HAGEDORN, J., did not participate.
Comment: 7/28/20 Court Order

OCCD
SC
10-04-2019
Attorney Change
Comment: Attorney Gelatt as co-counsel for respondents (Lynda Cochart, Amy Cochart, Roger DeJardin, Sandra Winnemueller, and Chad Cochart) per notice of appearance.

OCCD
SC
10-04-2019
Letter/Correspondence
Comment: Notice of withdrawal of Tressie Kamp & Robert D. Lee as counsel of record for Clean Wisconsin

OCCD
SC
09-06-2019
Attorney Change
Comment: Attorney Kamp withdrawn as representation for respondents (Lynda Cochart, Roger DeJardin, Sandra Winnemueller, and Chad Cochart) per notice of withdrawal.

OCCD
SC
09-06-2019
Court Order
ORD that the Wisconsin Legislature's motion to intervene shall be held in abeyance pending further order of this court.
BRIAN K. HAGEDORN, J., did not participate.
See MIN event filed on 4-25-2019

OCCD
SC
06-13-2019
Attorney Change
Comment: Attorney Lawless added as co-counsel for The Wisconsin Legislature per notice of appearance.

OCCD
SC
05-30-2019
Court Order
ORD that the Respondent-Appellant Wisconsin Department of Natural Resources' Notice of Partial Voluntary Dismissal is accepted. Case No. 2016AP1699 and Case No. 2016AP2502 are severed and Case No. 2016AP2502 is dismissed. See Wis. Stat. (Rule) 809.18; Wis. Sup. Ct. IOP III.L.4;
FRO that on or before June 19, 2019, the parties and the Wisconsin Legislature shall file simultaneous legal memoranda, each not exceeding 6,000 words, that address the correct legal standard for the Wisconsin Legislature's motion to intervene and whether the Wisconsin Legislature meets that standard;
FRO that, on or before July 9, 2019, the parties and the Wisconsin Legislature may file legal memoranda, each not exceeding 3,500 words, in response to the memoranda filed on June 19, 2019, by the opposing parties;
FRO that, with respect to the merits of the pending appeal, the Respondent-Appellant Wisconsin Department of Natural Resources' motion to modify the briefing schedule is granted. When the stay imposed by this court is lifted, the Respondent-Appellant may file its opening brief on the same schedule as that of the Petitioners-Respondents, Clean Wisconsin et al.; and
FRO that the Petitioners-Respondents' motion to strike the Wisconsin Legislator's memorandum in opposition to the Respondent-Appellant's motion to modify the briefing schedule is dismissed, as moot.
See MIN event filed on 4-25-2019

OCCD
SC
05-30-2019
Unconsolidated
Comment: [2016AP002502, 2016AP001688]

OCCD
SC
05-21-2019
Motion to Strike
Filed By: Tressie Kamp
Submit Date: 5-21-2019
Decision: (M) Dismiss
Decision Date: 5-30-2019
ORD that the Respondent-Appellant Wisconsin Department of Natural Resources' Notice of Partial Voluntary Dismissal is accepted. Case No. 2016AP1699 and Case No. 2016AP2502 are severed and Case No. 2016AP2502 is dismissed. See Wis. Stat. (Rule) 809.18; Wis. Sup. Ct. IOP III.L.4;
FRO that on or before June 19, 2019, the parties and the Wisconsin Legislature shall file simultaneous legal memoranda, each not exceeding 6,000 words, that address the correct legal standard for the Wisconsin Legislature's motion to intervene and whether the Wisconsin Legislature meets that standard;
FRO that, on or before July 9, 2019, the parties and the Wisconsin Legislature may file legal memoranda, each not exceeding 3,500 words, in response to the memoranda filed on June 19, 2019, by the opposing parties;
FRO that, with respect to the merits of the pending appeal, the Respondent-Appellant Wisconsin Department of Natural Resources' motion to modify the briefing schedule is granted. When the stay imposed by this court is lifted, the Respondent-Appellant may file its opening brief on the same schedule as that of the Petitioners-Respondents, Clean Wisconsin et al.; and
FRO that the Petitioners-Respondents' motion to strike the Wisconsin Legislator's memorandum in opposition to the Respondent-Appellant's motion to modify the briefing schedule is dismissed, as moot.

OCCD
SC
05-13-2019
Letter/Correspondence
Comment: copy; from Justice Dallet advising parties she will participate despite Mr. McLeod's employment with Husch Blackwell

OCCD
SC
05-09-2019
Rejected Electronic Document
Comment: Response to Motion to Modify Briefing Schedule; It is not a requirement to efile motions or responses to motions. No further action is necessary.

OCCD
SC
05-09-2019
Rejected Electronic Document
Comment: Response to Petition to Intervene; It is not a requirement to efile motions or responses to motions. No further action is necessary.

OCCD
SC
05-07-2019
Court Order
ORD that the briefing schedule set forth in the court's April 9, 2019 order is stayed, until further order of the court.
FRO that responses, if any, to the Notice of Partial Voluntary Dismissal and Motion to Modify Briefing Schedule shall be filed on or before May 13, 2019.
See MMS event filed on 5-2-2019

OCCD
SC
05-02-2019
Motion for Miscellaneous Relief
Filed By: 39939 (Johnson-Karp, Gabe)
Submit Date: 5-2-2019
Decision: (G) Grant
Decision Date: 5-30-2019
ORD that the Respondent-Appellant Wisconsin Department of Natural Resources' Notice of Partial Voluntary Dismissal is accepted. Case No. 2016AP1699 and Case No. 2016AP2502 are severed and Case No. 2016AP2502 is dismissed. See Wis. Stat. (Rule) 809.18; Wis. Sup. Ct. IOP III.L.4;
FRO that on or before June 19, 2019, the parties and the Wisconsin Legislature shall file simultaneous legal memoranda, each not exceeding 6,000 words, that address the correct legal standard for the Wisconsin Legislature's motion to intervene and whether the Wisconsin Legislature meets that standard;
FRO that, on or before July 9, 2019, the parties and the Wisconsin Legislature may file legal memoranda, each not exceeding 3,500 words, in response to the memoranda filed on June 19, 2019, by the opposing parties;
FRO that, with respect to the merits of the pending appeal, the Respondent-Appellant Wisconsin Department of Natural Resources' motion to modify the briefing schedule is granted. When the stay imposed by this court is lifted, the Respondent-Appellant may file its opening brief on the same schedule as that of the Petitioners-Respondents, Clean Wisconsin et al.; and
FRO that the Petitioners-Respondents' motion to strike the Wisconsin Legislator's memorandum in opposition to the Respondent-Appellant's motion to modify the briefing schedule is dismissed, as moot.
Motion Response
Filed By: Robert Lee
Submit Date: 5-9-2019
Motion Response
Filed By: Eric McLeod
Submit Date: 5-14-2019
This motion contains court order(s).
Comment: notice of partial voluntary dismissal for 16AP2502, motion to modify briefing schedule 16AP1688; joint response to motion filed 5/9/19

OCCD
SC
04-25-2019
Motion to Intervene
Filed By: Eric McLeod
Submit Date: 4-26-2019
Decision: (G) Grant
Decision Date: 1-5-2021
ORD that the motions to intervene are granted. Separate orders establishing a briefing schedule on the merits will follow. Oral argument will be scheduled in due course.
BRIAN HAGEDORN, J., did not participate.
Motion Response
Filed By: 39939 (Johnson-Karp, Gabe)
Submit Date: 5-6-2019
Motion Response
Filed By: Tressie Kamp
Submit Date: 5-9-2019
Motion Response
Filed By: Tressie Kamp
Submit Date: 6-21-2019
Motion Response
Filed By: Joseph Brydges
Submit Date: 6-21-2019
Motion Response
Filed By: Eric McLeod
Submit Date: 6-21-2019
Motion Response
Filed By: 39939 (Johnson-Karp, Gabe)
Submit Date: 6-21-2019
Motion Response
Filed By: Tressie Kamp
Submit Date: 7-10-2019
Motion Response
Filed By: Eric McLeod
Submit Date: 7-10-2019
Motion Response
Filed By: 39939 (Johnson-Karp, Gabe)
Submit Date: 7-10-2019
Motion Response
Filed By: Eric McLeod
Submit Date: 10-20-2020
Motion Response
Filed By: Jennifer Vandermeuse
Submit Date: 10-28-2020
Motion Response
Filed By: Evan Feinauer
Submit Date: 10-30-2020
This motion contains court order(s).
Comment: The Wisconsin Legislature; Parties and Wisconsin Legislature to file simultaneous legal memoranda by 6/19/19, responses by parties and Wisconsin Legislature to Memoranda due 7/9/19 per 5/30/19 CTO; held in abeyance pending further order per 9/6/19 CTO; 11/2/20 - duplicate copy of 10/28/20 response filed by mail 1/5/21 Court Order re MIN

OCCD
SC
04-24-2019
Attorney Change
Comment: Attorney Lee added as attorney for respondents per notice of appearance, Attorney Geers withdrawn.

OCCD
SC
04-23-2019
Attorney Change
Comment: AAG Johnson-Karp and AAG Vandermeuse for appellant per notice of appearance.

OCCD
SC
04-09-2019
Court Changed to Supreme Court

OCCD
CA
04-09-2019
Hold Status

OCCD
SC
01-16-2019
Certification Filed
Filed By: Unassigned District 2
Submit Date: 1-17-2019
Decision: (G) Grant
Decision Date: 4-9-2019
ORD certification granted. Briefs/statements 30/20/10.
See DEC event filed on 1-16-2019

OCCD
CA
01-16-2019
Judge Panel: Gundrum, Neubauer, Reilly
Opinion: Certification
Decision: Certification Filed Pages: 8
Order Text: We are certifying these cases as companions to our certification in case No. 2018AP59. The courts decision in case No. 2018AP59, defining the impact of 2011 Wis. Act 21 (Act 21) on the regulatory permit approval process, answering the question of who is trustee of the states waters, and determining whether Lake Beulah Management District v. DNR, 2011 WI 54, 39, 335
Wis. 2d 47, 799 N.W.2d 73, is still controlling law in Wisconsin, will affect the issues in this action.

OCCD
CA
12-21-2018
Attorney Change
Comment: AAG Berg for appellant per notice of appearance.

OCCD
CA
10-29-2018
Submitted on Briefs

OCCD
CA
08-01-2018
Briefs Received At State Law Library

OCCD
CA
07-17-2018
Record and Briefs Sent to District 2

OCCD
CA
07-16-2018
Certificate of Service
Comment: RE Amicus Brief: COS mailed 7/16/18

OCCD
CA
07-16-2018

OCCD
CA
07-12-2018
Letter/Correspondence
Comment: From Attorney Geers responding to motion to file an amicus brief advising respondents do not object to motionl.

OCCD
CA
07-12-2018
Certificate of Service
Comment: RE: Reply Brief of Co-Appellant, Mailed 7-12-18, (IB)

OCCD
CA
07-12-2018
Filed By: Joseph Brydges

Comment: Co-Appellant. 02-02-2021: Received 10 copies of CA brief for SC use. 03-01-2021: Received 10 copies of CA brief for SC use.

OCCD
CA
07-10-2018
Filed By: Ryan Walsh

Comment: Appellant. 02-02-2021: Received 10 copies of CA brief for SC use.

OCCD
CA
07-09-2018
Motion to File Amicus/Non-Party Brief
Filed By: Robert Fassbender
Submit Date: 7-9-2018
Decision: (G) Grant
Decision Date: 7-12-2018
ORD that the motion for leave to file an amici curiae brief is granted. The brief shall be filed by July 16, 2018.
Comment: Wisconsin Manufacturers and Commerce, Inc., Midwest Food Products Assoc., Wisconsin Cheese Makers Assoc., Dairy Business Assoc., Inc., Wisconsin Potato and Vegetable Growers Assoc., and Wisconsin Farm Bureau and Federation

OCCD
CA
07-09-2018
Attorney Change
Comment: Attorney Feinauer added as co-counsel for Clean Wisconsin per notice of appearance.

OCCD
CA
06-26-2018
Rejected Electronic Document
Comment: Brief of Respondents; This efile is rejected because the cover page is missing the attorneys' State Bar numbers. Please add this information to the cover page and efile a corrected brief in its entirety. The paper copies have been corrected by Clerk's Office staff.

OCCD
CA
06-25-2018
Brief of Respondent(s)
Brief of Respondents
Filed By: Sarah Geers

Comment: Seperate Appendix. Please note that the attorneys' State Bar numbers have been added to the briefs. Please include this information on all future briefs. Refer to Wis. Stats. Sec. 802.05(1). 03-05-21: Received 10 copies of CA briefs for SC use.

OCCD
CA
05-25-2018
Sua Sponte
Filed By: Unassigned District 2
Submit Date: 5-25-2018
Decision: (N) No Action
Decision Date: 5-30-2018
certifications on co-appellant's joinder accepted
Comment: accept Co-appellant Kinnard Farms signed certifications 809.19(12), 809.19(2)(b) and 809.19(8)(d) for BAP received on 5/24/18 ?

OCCD
CA
05-24-2018
No Brief to Be Filed
Comment: filed by Attorney Josephy D. Brydges; Co-Appellant's statement on joinder of opening brief and appendix and certifications pursuant to 809.19(12), 809.19(2)(b) and 809.19(8)(d)

OCCD
CA
05-17-2018
Sua Sponte
Filed By: Unassigned District 2
Submit Date: 5-17-2018
Decision: (O) Other
Decision Date: 5-18-2018
ORD that no later than May 30, 2018, Kinnard Farms, Inc. shall comply with this order. Failure to do so will result in a determination that Kinnard Farms has not briefed this appeal.
Comment: Co-appellant signature needed on joint BAP ?

OCCD
CA
05-16-2018
Letter/Correspondence
Comment: From Attorney Jordan J. Hemaidan advising the co-appeallant joins in the brief filed by appellant.

OCCD
CA
05-16-2018
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Ryan Walsh

Comment: Separate Appendix. 02-02-2021: Received 10 copies of CA briefs for SC use. 03-01-2021: Received 10 copies of CA brief for SC use.

OCCD
CA
05-02-2018
Motion for Miscellaneous Relief
Filed By: Jordan Hemaidan
Submit Date: 5-2-2018
Decision: (G) Grant
Decision Date: 5-4-2018
ORD that the intervenor-co-appellant's motion for permission to join the brief(s) of the respondent-appellant is granted.
FRO that the time for the respondent-appellant to file its opening brief is extended to May 16, 2018. See Wis. Stat. Rule 809.82(2)(a).
Comment: Motion for co-appellant to join appellant brief

OCCD
CA
05-01-2018
Motion to Extend Time
Filed By: Ryan Walsh
Submit Date: 5-2-2018
Decision: (G) Grant
Decision Date: 5-4-2018
ORD that the intervenor-co-appellant's motion for permission to join the brief(s) of the respondent-appellant is granted.
FRO that the time for the respondent-appellant to file its opening brief is extended to May 16, 2018. See Wis. Stat. Rule 809.82(2)(a).
Motion Response
Filed By: Sarah Geers
Submit Date: 5-4-2018
See BAP event due on 5-16-2018

OCCD
CA
04-09-2018
Attorney Change
Comment: Chief Deputy Solicitor General Ryan J. Walsh and Assistant Solicitor General for DNR per notice of appearance.

OCCD
CA
04-03-2018
Court Order
ORD that the appellant's brief and co-appellant's brief shall be filed within thirty-five days, by May 8, 2018.

OCCD
CA
04-03-2018
Transfer to District II
Comment: TDD 8/26/16

OCCD
CA
04-03-2018
Hold Status

OCCD
CA
04-02-2018
Sua Sponte
Filed By: Unassigned District 4
Submit Date: 4-2-2018
Decision: (O) Other
Decision Date: 4-3-2018
Letter to parties: These consolidated appeals are now docketed in the District II Court of Appeals.
Comment: appellants designated District II decide appeal

OCCD
CA
08-09-2017
Attorney Change
Comment: Deputy Solicitor General LeRoy for Wisconsin Department of Natural Resources per notice of appearance.

OCCD
CA
01-24-2017
Consolidated Case
Comment: [2016AP001688, 2016AP002502]

OCCD
CA
01-17-2017
Motion to Consolidate
Filed By: Jennifer Vandermeuse
Submit Date: 1-17-2017
Decision: (G) Grant
Decision Date: 1-24-2017
ORD that Appeal Nos. 2016AP1688 and 2016AP2502 are hereby consolidated for briefing and disposition.
FRO that the briefing schedule shall remain on hold until the Wisconsin Supreme Court has resolved the DNR's pending writs concerning the proper appellate venue for the appeals.
Comment: [2016AP001688, 2016AP002502]

OCCD
SC
12-09-2016
Court Order
ORD that the respondents, Wisconsin Court of Appeals, District IV, et al., are directed to file a formal response to the petition for supervisory writ, or a statement that no response will be filed, on or before December 30, 2016; and FRO that the request of the petitioner, Dept. of Natural Resources, for a stay of the merits briefing in Clean Wisconsin, Inc. v Dept of Natural Resources, No. 16AP1688, pending disposition of this petition is granted, ex parte.

OCCD
CA
11-18-2016
Attorney Change
Comment: Attorney Kathryn Nekola for Attorney Elizabeth Wheeler, on behalf of Clean Wisconsin, per Notice of Withdrawal of Counsel and Notice of Appearance

OCCD
CA
11-03-2016
Motion for Miscellaneous Relief
Filed By: Joseph Brydges
Submit Date: 11-3-2016
Decision: (D) Deny
Decision Date: 11-8-2016
ORD that the time to file the appellant's brief is extended to 1/13/17.
FRO that the motion for staggered briefing is denied.
Comment: Motion to Stagger Briefing Schedule

OCCD
CA
11-01-2016
Motion for Stay
Filed By: Jennifer Vandermeuse
Submit Date: 11-2-2016
Decision: (G) Grant
Decision Date: 11-8-2016
ORD that the time to file the appellant's brief is extended to 1/13/17.
FRO that the motion for staggered briefing is denied.
Comment: Motion for stay of briefing, or, alternatively, motion for extension of time

OCCD
CA
10-12-2016
Non-Electronic Record Item
Comment: Item 34: CD and Kinnard Farms Inc. Confidential exhibits #123 and #124

OCCD
CA
10-05-2016
Record
Comment: ELECTRONICALLY FILED; 1-44 to 58-1

OCCD
CA
09-19-2016
Court Reporter's Statement-Trans.
Court Reporter Name: (Jenson, Debra)

OCCD
CA
09-16-2016
Transcript filed in Circuit Court

OCCD
CA
09-09-2016
Motion for Miscellaneous Relief
Filed By: Jennifer Vandermeuse
Submit Date: 9-12-2016
Decision: (D) Deny
Decision Date: 9-29-2016
ORD that the motion for reconsideration is denied.
Motion Response
Filed By: Jennifer Vandermeuse
Submit Date: 9-15-2016
Motion Response
Filed By: Sarah Geers
Submit Date: 9-20-2016
Comment: Motion for Change of Venue

OCCD
CA
09-09-2016
Statement on Transcript
Filed By: Joseph Brydges
Status: Other
Comment: Co-Appellant; required transcripts have been ordered by appellant

OCCD
CA
09-07-2016
Caption Amended

OCCD
CA
09-06-2016
Letter/Correspondence
Comment: from AAG Vandermeuse advising circuit court order refers to Interested Persons as Petitioners; caption amended

OCCD
CA
09-06-2016
Statement on Transcript
Filed By: Jennifer Vandermeuse
Status: Ordered

OCCD
CA
08-31-2016
Other Papers
Comment: Notice: The underlying action is judicial review of a contested case decision under Wis. Stat. s. 227.52. The appellants are not entitiled to select the district on appeal under s. 752.21(2). Therefore, this appeal has been docketed before the Court of Appeals District IV. See s. 752.21(1).

OCCD
CA
08-30-2016
Notif. Sent - Filing of NOP & Ct. Rec.
Comment: Co-

OCCD
CA
08-30-2016
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
08-30-2016
Fee Paid
Comment: Receipt No: 16R 002036

OCCD
CA
08-30-2016
Fee Waived
Comment: Appellant-DNR (State)

OCCD
CA
08-29-2016
Notice of Addtl/Amended (Other) Appeal
Comment: Co-

OCCD
CA
08-29-2016
Notice of Appeal & Court Record

OCCD
CA
08-26-2016
Transfer District Designation
Comment: Kinnard Farms designates D2

OCCD
CA
08-26-2016
Docketing Statement from Appellant
Comment: Co-Appellant

OCCD
CA
08-26-2016
Other Appeal Filed In Circuit Court
Comment: Co-

OCCD
CA
08-24-2016
Transfer District Designation
Comment: DNR designates D2

OCCD
CA
08-24-2016
Notice of Appeal filed in Cir. Ct.

OCCD
CA
08-24-2016
Docketing Statement from Appellant

OCCD
CA
07-14-2016
Order of Circuit Court