PFAS Update: AG Kaul Leads Coalition Supporting EPA Regulation, WI PFAS Action Council Meets

AG Kaul & EPA Action Wisconsin Attorney General Josh Kaul recently led a 22-state coalition urging the federal Environmental Protection Agency (EPA) to regulate PFAS chemicals. The comments from the multistate coalition Urge EPA to regulate specific PFAS chemicals PFOA and PFOS under the Safe Drinking Water Act, setting national drinking water standards. Request EPA […]

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Gov. Evers Appoints New DATCP Secretary

Gov. Tony Evers has appointed Randy Romanski as the new secretary of the state Department of Agriculture, Trade & Consumer Protection (DATCP). Romanski had been serving as interim secretary since late 2019, when the state Senate rejected the nomination of Brad Pfaff for the top DATCP position. Before serving as interim secretary, Gov. Evers had […]

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DNR Changes High Capacity Well Environmental Review Processes After Act 21 AG Opinion Withdrawn

The Wisconsin Department of Natural Resources (DNR) will begin considering cumulative environmental impacts when reviewing high capacity well permit applications. The DNR policy change comes after Attorney General Josh Kaul withdrew an opinion from his predecessor interpreting 2011 Wisconsin Act 21’s effects on DNR permitting. In 2016, former Attorney General Brad Schimel issued an opinion concluding that […]

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Wisconsin COVID-19 Response Post-Safer at Home

A few weeks after the Wisconsin Supreme Court invalidated the state’s “Safer at Home” emergency order, state and local leaders continue to grapple with the ongoing pandemic and economic recovery. The Department of Health Services (DHS) has declined to promulgate Safer at Home as a statewide rule and instead some local health departments have orders […]

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Senate Committee Holds Hearing on Unemployment Insurance Program

On May 27, the Senate Committee on Labor and Regulatory Reform held an informational hearing on Wisconsin’s Unemployment Insurance (UI)  program. The hearing was held as Wisconsin unemployment numbers are at record highs, and many Republican legislators are criticizing Gov. Tony Evers’s administration for reports of major backlogs in UI requests. As noted in the […]

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AG Kaul Withdraws Act 21 Opinion on High Capacity Wells

On May 1, Wisconsin Attorney General Josh Kaul sent a letter to the state Department of Natural Resources (DNR) stating he has withdrawn an opinion from his predecessor interpreting 2011 Act 21’s effects on DNR permitting. In 2016, former Attorney General Brad Schimel issued an opinion concluding that DNR lacks regulatory authority to require cumulative […]

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Wisconsin PFAS Action Council (WisPAC) Advisory Groups Meet

WisPAC Background In accordance with Executive Order 40, issued by Gov. Tony Evers in August 2019, Wisconsin state agencies have convened the Wisconsin PFAS Action Council (WisPAC). The executive order directs the council to develop an action plan due to the governor and legislature by July 1. WisPAC has convened two sub-advisory groups: Local Government group headed by […]

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Court of Appeals Rules on Agency Rulemaking Case

In Applegate-Bader Farm, LLC v. DOR (2018AP1239), the Court of Appeals District IV held that the Wisconsin Department of Revenue (DOR) complied with rulemaking procedures in Wis. Stat. Ch. 227 when it promulgated new rules regarding property tax classification.   Background Wisconsin law provides certain incentives for property owners to participate in state and federal […]

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PFAS Update: Status of PFAS Legislation, Agency Council Meets, EPA Action

PFAS Legislation – New Provisions Passed Assembly, Final Status of Other Bills  In what is likely the last Assembly floor session of 2019-20, the Assembly passed provisions to address PFAS contamination in Wisconsin. As an amendment tacked on to SB 559 (an unrelated bill), the Assembly passed on a party line vote language that: Directs […]

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Solar Farm Projects Approved By PSCW

The Public Service Commission of Wisconsin (PSCW) approved Wisconsin’s fourth solar farm project on Jan. 30, 2020. Commissioners unanimously approved the 149-megawatt Badger State Solar Farm in Jefferson County, developed by Ranger Power. Badger State will supply electricity to Dairyland Power Cooperative, a Wisconsin-based wholesale energy provider for rural electric cooperatives and municipal electric utilities. […]

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