PSC Begins Rulemaking on Renewable Resource Credits, Declines to Promulgate Large-Scale Solar Rules

Renewable Resource Credits The Public Service Commission of Wisconsin (PSC) has begun rulemaking related to renewable resource credits. The proposed rule would conform Wis. Admin. Code PSC 118  to incorporate changes from a bill enacted last session (2017 Wisconsin Act 53). Act 53 changed the definition of a renewable resource to include heat that is […]

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EPA Won’t Regulate PFAS

The federal Environmental Protection Agency (EPA) will not regulate PFAS chemicals, according to a recent report from Politico. While EPA’s PFAS (specifically, per- and polyfluoroalkyl substances) plan has not yet been released, it is reported to leave PFAS off the federal water quality testing requirements for utilities under the Safe Drinking Water Act. However, the […]

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AG Kaul Asks Legislature for Approval to Withdraw from ACA Lawsuit

Wisconsin Attorney General Josh Kaul has sent a letter to the legislature’s Joint Committee on Finance (JFC), requesting authorization to withdraw the state from multistate litigation seeking to declare the Affordable Care Act unconstitutional. The request to withdraw comes after a back and forth between Gov. Tony Evers, Kaul, and the legislature regarding the governor’s […]

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Wisconsin Supreme Court February Oral Arguments

The Wisconsin Supreme Court has released its calendar of oral arguments for February 2019. There will be several notable cases argued this month, addressing issues including medical malpractice, crime insurance, governmental immunity, and the federal Communications Decency Act. Cases of interest include:   Leicht Transfer & Storage Co. v. Pallet Central Enterprises, Inc. (Crime Insurance […]

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Koss Corp. v. Park Bank (Liability for Embezzlement)

In Koss Corp. v. Park Bank (2019 WI 7), the Wisconsin Supreme Court found that Park Bank was not liable for failing to protect Koss Corp. from its executive’s embezzlement. The court issued a plurality opinion written by Chief Justice Roggensack and Justice Ziegler, with a concurring opinion by Justices Anne Walsh Bradley, Abrahamson, and […]

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Steadfast Insurance Co. v. Greenwich Insurance Co. (Duty to Defend)

In Steadfast Insurance Co. v. Greenwich Insurance Co. (2019 WI 6), the Wisconsin Supreme Court said a previous insurer had a duty to defend Milwaukee Metropolitan Sewerage District (MMSD) for losses related to a rain event that occurred when MMSD had coverage with a subsequent insurer. MMSD contracted with private companies to operate and maintain […]

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Lee Quality Home Care LLC v. DHS (DHS Authority)

In Lee Quality Home Care LLC v. DHS (2017AP1216), the Court of Appeals District IV held that the Wisconsin Department of Health Services (DHS) has the authority to recoup payments from a personal care provider for services performed by workers not trained according to DHS rules. First, the court affirmed that the plaintiff Lee Quality […]

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State of Wisconsin ex rel. Annette Flynn v. Kemper Center, Inc. (Public Records)

In State of Wisconsin ex rel. Annette Flynn v. Kemper Center, Inc. (2017AP1897), the Court of Appeals District II held that private corporation Kemper Center, Inc. is not a “quasi-governmental corporation” subject to the Wisconsin Public Records Law. Kemper Center is a private corporation that leases property from Kenosha County and operates and maintains the […]

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DNR, Citing PFAS, Scales Back Voluntary Party Liability Exemption Program

The Wisconsin Department of Natural Resources (DNR) has issued an interim decision expanding voluntary parties’ future liability for PFAS and other hazardous materials. DNR’s Voluntary Party Liability Exemption Program (VPLE), in accordance with Wis. Stat. § 292.15, allows property owners to clean up properties and then receive exemptions from liability for historic contamination on the […]

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First Marquette Poll of 2019

The first Marquette University Law School (MU) poll of 2019 was released on Jan. 24. This is the first MU poll since October (before the 2018 election). The poll surveyed 800 registered voters in Wisconsin on where the state is headed, Wisconsin politicians, policy proposals, and potential 2020 candidates.   Right direction/wrong track  The poll […]

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