Gov. Evers Signs 2019-21 Budget Bill

On July 3, 2019, Gov. Tony Evers signed into law the 2019-21 state budget as 2019 Act 9. The governor used his partial-veto authority to change 78 provisions adopted by the Legislature. The final budget includes bipartisan priorities such as a middle class tax cut, water quality initiatives, expansions to dental care access, other health […]

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Floor Report: Assembly and Senate Send Step Therapy, Electric Scooters, DOT Bills to Governor

The Assembly met on June 18 and 20 to approve short calendars before taking up the 2019-21 state budget this week. In their floorperiod to take up the budget on Wednesday, the Senate approved several additional bills from the Assembly, sending them to the governor’s desk. On June 18, the Assembly voted to pass  SB […]

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Legislature Passes State Budget

The Wisconsin Legislature passed its version of the 2019-21 state budget on Wednesday, June 26, sending the budget to Gov. Tony Evers for review. The budget largely adopts provisions approved by the Joint Finance Committee (JFC), along with an amendment that adjusts language to make it more difficult for Gov. Evers to use his line-item […]

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DHS and DNR Release Strict PFAS Groundwater Standard

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 […]

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EPA Finalizes Affordable Clean Energy Rule

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 […]

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Wisconsin Supreme Court Rules DPI and Superintendent Must Comply With Act 21 and REINS Act

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 […]

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Wisconsin Supreme Court Rules Extraordinary Session Laws Constitutional in League of Women Voters Decision

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 […]

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Wisconsin Supreme Court Accepts New Cases

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 […]

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Pinter v. Village of Stetsonville (Governmental Immunity)

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.   […]

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Rural Mutual Insurance Co. v. Lester Buildings, LLC (Subrogation Waiver)

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 […]

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