ALJ Error Amended Permit.

• Position: Administrative Law Judge; Meteor Timber, LLC, v. Wisconsin Division of Hearings and Appeals, et al.

Byline: Derek Hawkins

WI Court of Appeals District IV

Case Name: Meteor Timber, LLC, v. Wisconsin Division of Hearings and Appeals, et al.,

Case No.: 2020AP1869

Officials: Blanchard, P.J., Kloppenburg, and Fitzpatrick, JJ.

Focus: ALJ Error Amended Permit

The Department of Natural Resources (Department) issued to Meteor Timber, LLC, a permit (the permit or the initial permit) and, some months later, an amended permit (the amended permit) allowing Meteor Timber to fill wetlands for purposes of constructing a facility for drying and storing industrial sand and an associated facility for loading the sand onto rail cars and shipping the sand by rail. After a contested case hearing, the Administrative Law Judge (ALJ) issued a decision and order reversing the decisions to issue the permit and amended permit based on his conclusions that the permit and amended permit decisions did not comply with the statutes governing wetland-fill permits. The Department adopted the ALJ's decision without change as its own final decision. The circuit court, in a detailed and comprehensive oral ruling, affirmed. On appeal, Meteor Timber argues first that the ALJ's decision is unsupported by the record and legally erroneous. Second, Meteor Timber argues that the circuit court erred in denying its motion to present additional evidence pertaining to a different wetland restoration project.

As stated, the ALJ's decision reversing the...