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WISCONSIN VALLEY IMPROVEMENT CO. v. MEYER

No. 95-C-0132-C.

910 F.Supp. 1375 (1995)

WISCONSIN VALLEY IMPROVEMENT COMPANY, Northern States Power Co., Nekoosa Papers, Inc., Weyerhaeuser Paper Company, Tomahawk Power & Pulp Company, and N.E.W. Hydro, Inc., Plaintiffs, v. George E. MEYER, in his capacity as Secretary of the Wisconsin Department of Natural Resources, Defendant.

United States District Court, W.D. Wisconsin.

As Amended January 31, 1996.

Attorney(s) appearing for the Case

Michael D. Fischer, Foley & Lardner, Milwaukee, WI, for Wisconsin Valley Improvement Co., Northern States Power Co., Nekoosa Papers, Inc., Weyerhaeuser Paper Company, Tomahawk Power & Pulp Company and N.E.W. Hydro, Inc.

Philip Peterson, Assistant Attorney General, Madison, WI, for George E. Meyer.

OPINION AND ORDER

CRABB, Chief Judge.

This is a civil action for declaratory and injunctive relief brought under the supremacy clause of the United States Constitution. Plaintiffs are challenging Wis.Stat. § 23.42, which authorizes the Wisconsin Department of Natural Resources to impose fees on applicants for hydropower licenses to cover the costs of the studies the department conducts to determine the environmental impact of proposed hydroelectric...

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