After a series of lawsuits, the Wisconsin Third District Court of Appeals in 2010 finally ruled that the public has a right to challenge the permit and that the DNR did not appropriately hold public hearings.

On a separate track, Doyle's Natural Resources Board last year adopted new regulations to control phosphorus pollution to slow algae growth in Wisconsin waters.

Koch obviously was not happy with either the court ruling on its permit or the tougher regulations on phosphorus -- but it had an ally in Walker.

The DNR's new phosphorus regulations were due to take effect in January but have been delayed by the new administration. Also tucked inside Walker's infamous "budget repair bill" was a provision to revise the phosphorus limits proposed by the Natural Resources Board.

The Walker administration has since announced a two-year delay of all phosphorus regulations passed last year and has made it clear no rules will be implemented until at least 2013.

Walker even toured the Fox River recently to tout how the waters are cleaner than ever.