DNR Changes High Capacity Well Environmental Review Processes After Act 21 AG Opinion Withdrawn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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AG Kaul Submits Briefs on Affordable Care Act, Fuel Efficiency Standards

Wisconsin Attorney General Josh Kaul recently joined multistate coalitions in lawsuits on two important issues: the Affordable Care Act (ACA) and federal fuel efficiency standards.   Affordable Care Act AG Kaul has joined five other attorneys general in a brief asking the U.S. Supreme Court to uphold the constitutionality of the ACA. Wisconsin and Texas […]

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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1, Wisconsin Attorney General Josh Kaul sent a letter to the state Department of Natural Resources (DNR) stating he has withdrawn an opinion from his predecessor interpreting 2011 Act 21’s effects on DNR permitting.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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AG Kaul Asks EPA to Strengthen PFAS Regulations

Wisconsin Attorney General Josh Kaul on April 20 joined 17 other state attorneys general in comments asking the Environmental Protection Agency (EPA) to strengthen its proposed regulations on importation of PFAS products. PFAS (per- and polyfluoroalkyl substances) are a group of thousands of man-made chemicals found in many everyday products, including nonstick pans, cleaning products, […]

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PFAS Update: AG Holds Listening Session in Marinette, Foam Bill Passes Committee

The Wisconsin Legislature and state agencies are continuing to address PFAS chemicals. Recently, Wisconsin Attorney General Josh Kaul held a listening session on PFAS in Marinette. Meanwhile, an Assembly Committee has passed a bill to address PFAS in firefighting foams. PFAS (per- and polyfluoroalkyl substances) are man-made chemicals found in many everyday products, including nonstick […]

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AG Kaul Joins Emissions Standards Lawsuit

Wisconsin Attorney General Josh Kaul has joined a coalition of states and cities seeking judicial review of the federal Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration (NHTSA) rules related to vehicle emissions standards. The rules amend greenhouse gas and corporate average fuel economy standards and repeal California’s waiver for its state greenhouse […]

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Multi-State Actions by AG Kaul

Since taking office at the beginning of 2019, Wisconsin Attorney General Josh Kaul has announced the state’s participation in several multistate actions covering various issues. The actions include comments challenging federal administration proposals, investigations into corporations, and multistate lawsuits and amicus briefs. Below is an update on notable multistate actions in which Wisconsin is participating: […]

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Gov. Evers Requests AG Opinion on Act 21

Attorney General Josh Kaul is currently considering a request from Gov. Tony Evers for a formal opinion regarding the applicability of 2011 Act 21. Act 21 provided a broad scope of rulemaking reforms. The legislation clarified that agencies may not enforce requirements unless explicitly permitted by statute or properly promulgated rule and further refined what an […]

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AG Kaul Joins Lawsuit Against Clean Power Plan Repeal

Wisconsin Attorney General Josh Kaul has joined a coalition of 22 states and seven local governments in a lawsuit challenging the federal Environmental Protection Agency’s (EPA) Affordable Clean Energy (ACE) Rule, which repeals the Clean Power Plan. EPA proposed repealing the Clean Power Plan in 2017 after determining the rule exceeds EPA’s statutory authority and […]

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PFAS Update: DNR & AG Kaul Actions, Industry Response to DHS Standards

The Wisconsin Water Quality Coalition recently submitted a letter and comments to the Wisconsin Department of Health Services (DHS) in response to recommended strict groundwater standards for two PFAS chemicals, PFOA and PFOS. If promulgated as an enforceable rule, the standards would be costly to Wisconsin industry and would open up the state for frivolous lawsuits. In addition to […]

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