Supreme Court Accepts Lake Koshkonong Case!

Rock-Koshkonong Lake Dist. v. Wisconsin Dept. of Natural Resources, 2008AP1523

The Rock-Koshkonong Lake District, a lake protection and rehabilitation district, petitioned the Wisconsin Dept. of Natural Resources (DNR) to raise the water levels of Lake Koshkonong, an impaired water body under the federal Clean Water Act because of sediment and phosphorous pollutants. The DNR, which operates a dam impacting water levels, denied the request.

After a contested case hearing, an administrative law judge affirmed the DNR’s decision, concluding that raised water levels would infringe the federal Clean Water Act’s goal of removing impairments in bodies of water listed as impaired.

Both the circuit and appeals courts affirmed. The supreme court will review several issues, including whether the DNR improperly ignored economic impacts on property interests, and whether the DNR exceeded its authority to protect public rights and navigable waters.