The Feb. 3  issue of Hamilton Consulting Group’s Political Tidbits highlights recent political and policy developments in Wisconsin. See  Tidbits for the following articles:

• Senate and Assembly Begin Hearings on Climate Change Legislation
• Gov. Doyle Gives Final State of the State Address
• Senate Expands Medical Liability
• Assembly Committee Hears Testimony on “Gender-based Harm” Bill
• Bill Extends Statute of Limitations for Intentional Torts; Headed to Governor’s Desk
• Senate Passes Issue Ads Legislation
• U.S. Supreme Court Issues Landmark Decision Striking Down Campaign Finance Laws
• EPA Proposes Stricter Smog Rules

By Jim Hough

On July 14, the Wisconsin Supreme Court held that the circuit court in Milwaukee correctly concluded that the plaintiff’s complaint failed to state a claim of defective design of white lead carbonate pigment ultimately used in paint and coatings. The ruling upheld the dismissal of design defect claims in a suit alleging that certain manufacturers are liable under theories of strict (product) liability and negligence. Godoy v. E.I. du Pont de Nemours and Co. (2009 WI 78).

The decision includes an overview of product liability law in Wisconsin and a determination of the product at issue in this case and the court concludes that “lead” is an essential element of white “lead” carbonate pigment and without “lead” it would be something else. The Court distinguishes among three categories of product defects: 1) manufacturing defects; 2) design defects; and, 3) defects on a failure to adequately warn.

The Court discusses the “risk contribution” theory applied to white lead carbonate pigment in the Thomas case — but — distinguishes this case from Thomas since this case is about defective design and Thomas was based on failure to warn claims.

There are three concurring opinions that address the “consumer expectation test” followed in Wisconsin and based on the Restatement of Torts (2^nd) and the “alternative design test” based on the Restatement of Torts (3^rd) and followed in the vast majority of states.

Governor Jim Doyle (D) this morning signed into law Assembly Bill75, the 2009-11 omnibus budget bill. Here is the Governor’s veto message.

The Wall Street Journal is reporting today that the major climate change bill is heading to a vote this Friday in Congress. The American Clean Energy and Security Act of 2009 (H.R.2454), or known as Waxman-Markey after the authors of the bill, will cap greenhouse gas emissions at 17 percent of 2005 levels by 2020, and an astonishing 80 percent by 2050. The bill, spanning over 900 pages, contains numerous policies that will drastically change the way energy in the United States is regulated.

The bill seemingly was in trouble when a number of Midwestern Democrats from farm states — that grow vast amounts of corn that can be used for ethanol — objected to certain provisions. It appears as though those issues have been resolved and the bill is poised to pass this Friday.

As noted in the WSJ post, despite the latest compromise, there is still considerable opposition to the bill.

President-elect Barack Obama’s nominee to head the Energy Department, Steven Chu, has previously said that coal is his “worst nightmare” and that the U.S. needs to find ways to “boost the cost of gasoline to the levels in Europe.” 

However, during his confirmation hearing in the U.S. Senate yesterday, Dr. Chu backtracked a little from those statements. While not completely embracing coal, Dr. Chu agreed that a few coal-fired plants should be allowed to be built, but the key is to ensure that coal is converted cleanly into electricity. In addition, he said he would agree to some off-shore drilling, but only as part of an entire energy package.

In addition, even though Congress has said they are unsure when they will address climate change, it appears that major corporations are betting on it taking place some time in the future. In a joint announcement with environmental groups, a number of major U.S. corporations are outlining what they would like to see in a cap-and-trade or comparable piece of legislation.

Welcome to the Hamilton Blog, a new blog hosted by The Hamilton Consulting Group, a government relations firm in Madison, Wisconsin.

The Hamilton Blog will provide up-to-date information regarding Wisconsin legislation, regulations, politics, legal cases, and news. Because policies that affect Wisconsin citizens do not just occur in Madison, the Hamilton Blog will also provide timely information regarding regulations and laws that are enacted and promulgated in Washington, D.C.

Thanks for your interest in the Hamilton Blog. We look forward to providing insightful analysis of the policies, regulations, and news taking place in Wisconsin and the nation’s capital.