Wisconsin Supreme Court asked to decide scope of agency power to regulate agriculture

By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural & Resource Law Program

A Wisconsin court of appeals has certified two cases to the Wisconsin Supreme Court, asking the court to determine the extent of the Wisconsin Department of Natural Resource’s authority to regulate agriculture in order to protect groundwater.  A certification represents a lower court seeking guidance on an issue that the lower court believes it is not in the best position to decide without knowing what the higher court thinks...

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Ken Notes: We are great at deregulating but we need supporting legislation to address those taking advantage of those new paths.