Status of Suit to Compel DNR Compliance with Jobs Creation Act

Dane County Court Punts Rather than Resolves Critical Legal Issues On April 28, 2008, a coalition of nine business groups filed a petition for writ of mandamus in Dane County Circuit Court seeking to compel DNR to follow statutory rulemaking procedures in connection with its utility mercury rule. On June 23, Dane County Circuit Judge […]

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Global Warming Bill to be Debated in U.S. Senate Next Month

With most of the focus this month on health-care reform, the other extremely controversial bill (Waxman-Markey) — which would dramatically alter the nation’s energy policy — is likely to start ramping up again next month when the U.S. Senate reconvenes from its August recess. A Washington Post article (below) discusses how both sides of the issue […]

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Wind Turbine Bill Moving through Legislature

The Wisconsin Legislature is considering companion bills (Assembly Bill 256/Senate Bill 185) that would give the Wisconsin Public Service Commission the authority to draft rules regarding the siting of wind turbines and preempt local government control over their placement. Below is a story from the Wisconsin State Journal discussing the bills: Retired mail carrier Gerry Meyer […]

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U.S. State Department Grants Permit for U.S.-Canada Oil Pipeline

  The U.S. State Department last week granted a permit to construct a 326-mile oil pipeline from the Canadian border to Superior, Wisconsin. As the Washington Post reports, the project has prompted outcry from environmental groups that oppose crude extracted from oil sands. Proponents counter that receiving oil from our allies to the north is […]

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Study Looks at Impact of Waxman-Markey on Oil Refining

  The American Petroleum Institute has added to the chorus of studies looking at the impact of the American Clean Energy Security Act of 2009 (Waxman-Markey). According to the study, performed by EnSys Energy, a consulting firm, U.S. refining production could drop as much as 17 percent from today’s levels if Waxman-Markey is enacted as […]

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Recent Developments in Lead Paint Cases

City of Milwaukee v. NL Industries (Jury Verdict, June 22, 2007) On Friday, June 22, a jury in Milwaukee entered a verdict in which it determined that NL Industries was not negligent and would not have to pay the City of Milwaukee for reimbursement for the city’s lead-cleanup effort. (The city was seeking $52.6 million […]

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Wisconsin Supreme Court Rules that Economic Loss Doctrine Bars Tort Claims for Intentional Misrepresentations in Real Estate Tra

Two Bills Introduced to Overturn Court’s Decision By Andrew CookJan. 29, 2009 The Wisconsin Supreme Court in July 2008 held (4-3) that the economic loss doctrine bars common-law claims for intentional misrepresentation in real estate transactions. (Below v. Norton, 208 WI 77, 310 Wis.2d 713, 751 N.W.2d 351) As discussed in greater detail below, legislation […]

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EPA Grants California’s GHG Waiver Request

The Environmental Protection Agency this week granted a waiver of Clean Air Act preemption to California for its greenhouse gas emission standards for motor vehicles. The action taken by the EPA is in response to California’s petition to set strict automobile emission and fuel efficiency standards. Under Section 209 the Clean Air Act, California has special authority […]

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Supreme Court Upholds Dismissal of Lead Pigment Design Defect Claim

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 […]

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Strict Products Liability Claim Rejected by High Court

The Wisconsin Supreme Court on July 14 issued a decision (4-2) affirming an appeal from a lower court that Deer & Company was not liable under strict products liability for an injury caused to a bystander. (Justice Annette Ziegler did not participate because she was the judge in the trial court case.) The case, Horst […]

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