On July 29, 2010 the EPA re-affirmed its 2009 determination that climate change is real, is occurring due to emissions of greenhouse gases from human activities, and threatens human health and the environment by rejecting 10 petitions for reconsideration. The petitions raised questions about the validity of the data relied on by the EPA in […]
Potential Revisions to Water Quality Standards Regulation
Date Thu, Aug. 5, 2010 - 9:36am By Hamilton
Proposed changes to the rules governing water quality and conservation in Wisconsin have generated interest from all corners of the state. Wisconsin, however, is not the only place where water quality is an issue for debate. The EPA recently announced that it will hold public listening sessions on potential changes to the water quality standards […]
Phosphorus Rules Continue to Muddy the Regulatory Waters
Date Thu, Aug. 5, 2010 - 9:34am By Hamilton
Two state Senate panels recently heard testimony on the phosphorus rules that were adopted by the Wisconsin Natural Resources Board in June. The proposed rules impose phosphorus limits for Wisconsin rivers, streams and lakes. The rule provides a two-pronged approach, by setting water quality standards and placing new limits on municipal wastewater treatment plants and […]
Wisconsin Supreme Court Issues Decision Affecting Arbitration Agreements
Date Thu, Jul. 8, 2010 - 12:10pm By Hamilton
The Wisconsin Supreme Court’s ruling today in Estate of Robert C. Parker v. Beverly Enterprises, Inc., 2010 WI 71, makes clear appellate courts have the ability to review orders compelling arbitration. For the time being, it appears the Supreme Court will continue with its policy of deferring to the judgment of the lower courts when […]
EPA Announces Major Clean Air Act Proposal
Date Tue, Jul. 6, 2010 - 6:16pm By Hamilton
The EPA today announced proposed transport rules to replace the Clean Air Interstate Rule (CAIR) a federal circuit court ruled unacceptable in 2008. Twenty-eight states, including Wisconsin, will be required to reduce both annual SO2 and NOx emissions in 2012, with additional SO2 emission reductions occurring in 2014. These emission reductions are projected to help […]
Wisconsin Supreme Court Rules Punitive Damages Unavailable When No Compensatory Damages Awarded
Date Thu, Jun. 24, 2010 - 12:25pm By Hamilton
The Wisconsin Supreme Court ruled today that a plaintiff is not entitled to punitive damages in cases where the plaintiff seeks equitable damages and where no compensatory damages are awarded. The case, Groshek v. Trewin, 2010 WI 51 involves a lawsuit against an attorney who entered into an agreement to purchase a farm and saw […]
Natural Resources Board Approves Costly New Phosphorus Rule
Date Thu, Jun. 24, 2010 - 8:26am By Hamilton
The Wisconsin Natural Resources Board yesterday adopted a proposed rule that imposes phosphorus limits for Wisconsin rivers, streams and lakes. The rule provides a two-pronged approach, by setting water quality standards and placing new limits on municipal wastewater treatment plants and factories that have their own treatment systems. Under the rule, the DNR will impose […]
Study Reveals Negative Economic Impacts of A National Low Carbon Fuel Standard
Date Fri, Jun. 18, 2010 - 8:36am By Hamilton
A new study by the Charles River Associates, on behalf of the Consumer Energy Alliance, analyzed the economic and energy impacts from a national Low Carbon Fuel Standard (LCFS). A LCFS restricts the use of higher carbon intensive fuels and requires the use alternative fuels. The problem is that few alternative fuels exist, and those that […]
EPA Analysis Finds Climate Change Bill Will Increase Energy Costs
Date Wed, Jun. 16, 2010 - 9:51am By Hamilton
A study unveiled this week by the EPA analyzing the pending climate change bill authored by Sens. John Kerry (D-Mass.) and Joe Lieberman (I-Conn.) revealed that the legislation will cost households $80 to $150 a year. The increased costs are associated with the effects of higher energy prices, price changes for other goods and services, […]
Court Affirms Judge’s Right to State Political Party Affiliation
Date Mon, Jun. 14, 2010 - 4:25pm By Hamilton
The United States Seventh Circuit Court of Appeals today ruled that the Wisconsin Code of Judicial Conduct’s prohibition on judicial candidates or judges announcing a political party is unconstitutional. Pointing to U.S. Supreme Court precedent, the Court of Appeals determined that Wisconsin’s political party affiliation ban for judges violates the First Amendment by forbidding “speech on the […]