Barnes v. Department of Natural Resources case brief
516 N.W.2d 730
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CASE SYNOPSIS: Petitioner
environmentalists challenged the decision of the Court of Appeals
(Wisconsin), which affirmed the trial court's decision to uphold
respondent Department of Natural Resource's decision to not engage in
a Wis. Admin. Code ch. NR 227 rulemaking proceeding in response to
the environmentalists' request to add the bobcat to the State list of
threatened species.
FACTS: The environmentalists contended that the Department erred by refusing to proceed with a formal rulemaking process in response to the environmentalists' request to have the bobcat listed as a threatened species. The court affirmed the lower court's decision upholding the trial court's decision in favor the Department because the Department properly exercised its discretion under Wis. Stat. § 29.415(3)(c) by refusing to proceed under Wis. Admin. Code ch. NR 227. The court noted that the Department properly considered the scientific evidence, and that the environmentalists had conceded there was no evidence that the bobcat was actually threatened.
CONCLUSION: The court affirmed the lower court's decision to affirm the trial court's decision in favor of the Department against the environmentalists.
FACTS: The environmentalists contended that the Department erred by refusing to proceed with a formal rulemaking process in response to the environmentalists' request to have the bobcat listed as a threatened species. The court affirmed the lower court's decision upholding the trial court's decision in favor the Department because the Department properly exercised its discretion under Wis. Stat. § 29.415(3)(c) by refusing to proceed under Wis. Admin. Code ch. NR 227. The court noted that the Department properly considered the scientific evidence, and that the environmentalists had conceded there was no evidence that the bobcat was actually threatened.
CONCLUSION: The court affirmed the lower court's decision to affirm the trial court's decision in favor of the Department against the environmentalists.
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