The Department of Health Services (DHS), Department of Natural Resources (DNR), and Department of Trade, Agriculture & Consumer Protection announced last week a recommended groundwater standard of 20 parts per trillion (ppt) combined for PFOA and PFOS. PFOA and PFOS are the most extensively produced and studied of a class of chemicals referred to as […]
EPA Finalizes Affordable Clean Energy Rule
Date Wed, Jun. 26, 2019 - 5:23pm By Hamilton
The U.S. Environmental Protection Agency (EPA) has finalized the Affordable Clean Energy (ACE) Rule, which replaces the 2015 Clean Power Plan. A rule promulgated during the previous administration, the Clean Power Plan imposed costly regulatory burdens on power plants in an effort to reduce greenhouse gas emissions. EPA proposed repealing the Clean Power Plan in 2017 […]
Wisconsin Supreme Court Rules DPI and Superintendent Must Comply With Act 21 and REINS Act
Date Wed, Jun. 26, 2019 - 5:20pm By Hamilton
In one of the more important cases of the 2018-19 term, the Wisconsin Supreme Court ruled on June 25 in Koschkee v. Taylor (2019 WI 76) that the Department of Public Instruction and Superintendent of Public Instruction must comply with rulemaking requirements in the 2017 Regulations from the Executive in Need of Scrutiny Act (REINS […]
Wisconsin Supreme Court Rules Extraordinary Session Laws Constitutional in League of Women Voters Decision
Date Mon, Jun. 24, 2019 - 11:54am By Hamilton
In a 4-3 decision on June 21, the Wisconsin Supreme Court affirmed that the Legislature’s 2018 extraordinary session was constitutional in League of Women Voters v. Evers (2019 WI 75), thus upholding 2017 Acts 368, 369, and 370 and the confirmation of 82 appointments. Background The Wisconsin Legislature passed three laws limiting the power […]
Wisconsin Supreme Court Accepts New Cases
Date Mon, Jun. 24, 2019 - 11:49am By Hamilton
The Wisconsin Supreme Court recently accepted several new cases. Cases of note include: Chris Hinrichs v. DOW Chemical Company (2017AP2361) – Fraudulent Misrepresentation In this case, Hinrichs’s company used a malfunctioning DOW Chemical adhesive, which negatively affected the company’s sales. Hinrichs filed misrepresentation claims, which the court of appeals dismissed on the basis of […]
Pinter v. Village of Stetsonville (Governmental Immunity)
Date Mon, Jun. 24, 2019 - 11:47am By Hamilton
In Pinter v. Village of Stetsonville (2019 WI 74), a 4-3 Wisconsin Supreme Court held that a village’s oral policy related to wastewater processes did not create a ministerial duty exempting it from governmental immunity protections. Furthermore, expert testimony was required for the plaintiff to proceed with a public nuisance claim against the village. […]
Rural Mutual Insurance Co. v. Lester Buildings, LLC (Subrogation Waiver)
Date Mon, Jun. 24, 2019 - 11:45am By Hamilton
In Rural Mutual Insurance Co. v. Lester Buildings, LLC (2019 WI 70), the Wisconsin Supreme Court determined that a subrogation waiver did not violate Wis. Stat. § 895.447, which provides that any provision to limit tort liability in a construction contract is against public policy and void. Jim Herman, Inc. and Lester Building entered into […]
David Paynter v. ProAssurance Wisconsin Insurance Co. (Borrowing Statute in Medical Malpractice)
Date Mon, Jun. 24, 2019 - 11:43am By Hamilton
In David Paynter v. ProAssurance Wisconsin Insurance Co. (2019 WI 65), the Wisconsin Supreme Court held that in medical malpractice cases where a misdiagnosis causes latent, continuous injury, the plaintiff’s first injury determines whether the action is a “foreign cause of action” under Wisconsin’s statute applying foreign statutes of limitation (Wis. Stat. § 893.07), also known […]
Schroeder v. Zurich American Insurance Co. (Governmental Immunity)
Date Mon, Jun. 24, 2019 - 11:42am By Hamilton
In Schroeder v. Zurich American Insurance Co. (2018AP1737), the Court of Appeals District IV dismissed a personal injury case against a government contractor on the grounds of governmental immunity. Keith Schroeder was injured when he rode his motorcycle over loose gravel on a road Fahrner Asphalt Sealers had been repairing for the Town of Fulton. […]
Stop the Ongoing Mine Permit v. Town of Ashford Board of Appeals (Sand Mine Permit)
Date Mon, Jun. 24, 2019 - 11:40am By Hamilton
In Stop the Ongoing Mine Permit v. Town of Ashford Board of Appeals (2018AP1843), the Court of Appeals District II upheld a conditional use permit for a sand mine in the Town of Ashford. The Town of Ashford issued a conditional use permit for Batzler Trucking, Inc. to operate a sand mine in the town. […]