AG Schimel Sues EPA over New Ozone Standard

Wisconsin joined a coalition of states and industry groups challenging EPA’s new ozone standard. The new standard was released on October 26, 2015, and lowers the ozone standard to 70 parts per billion (ppb). The states filed their brief in the United States Court of Appeals for the District of Columbia on April 22, 2016. […]

Continue Reading ›

Evenwel v. Abbott – “One Person, One Vote”

The Supreme Court unanimously rejected a challenge by two Texas voters to the “one person, one vote” principle. The plaintiffs argued that Texas violated the Equal Protection Clause by drawing districts that contained approximately the same total population, but varying amounts of eligible voters. Justice Ginsburg writing for the Court held “based on constitutional history, […]

Continue Reading ›

Justice Scalia’s Absence Felt on the Court – Public Sector Unions Escape Unscathed

The Supreme Court reached a decision in the case Friedrichs v. California Teachers Association On Tuesday. The first major case, presumably of many, to be affected by Justice Scalia’s abrupt death. The case involved 10 nonunion public school teachers who argued their free speech rights were violated by having to pay the equivalent of union […]

Continue Reading ›

Gov. Walker Reinforces SCOTUS Stay of Clean Power Plan through Executive Order

On February 9, 2016 the U.S. Supreme Court issued a stay for the Environmental Protection Agency’s (EPA) Clean Power Plan (CPP) until the litigation surrounding it is resolved. Justices Kennedy, Alito, Thomas, Scalia and Chief Justice Roberts voted in favor of the stay. Justices Ginsburg, Breyer, Sotomayor and Kagan voted to deny the application. This […]

Continue Reading ›

Friedrichs v. California Teachers Association – Act 10 nationwide?

The Court is taking up a variety of interesting cases this term ranging from affirmative action in undergraduate admissions to redistricting. A particularly interesting case is Friedrichs v. California Teachers Association et al. The case involves 10 nonunion public school teachers who argue their free speech rights are violated by having to pay the equivalent […]

Continue Reading ›

UPDATE: Redistricting Lawsuit Moves Forward

Last week, a panel of three federal judges ruled that a case filed by twelve Wisconsin Democrats against the state’s legislative redistricting plan can move forward. The Wisconsin Department of Justice (DOJ), representing Government Accountability Board (GAB), had argued that the plaintiffs lacked standing to file suit, as they did not have a challenger from […]

Continue Reading ›

Friedrichs v. California Teachers Association

While some get excited for fall because the leaves change, the Pumpkin Spice Latte is back at Starbucks and the temperatures drop, court watchers get excited because a new U.S. Supreme Court term is beginning. The Court is taking up a variety of interesting cases this term ranging from affirmative action in undergraduate admissions to […]

Continue Reading ›

Waters of the U.S. Rule

On May 27, 2015, the Environmental Protection Agency (EPA) released its finalized Waters of the United States rule just over a year after it released its proposed rule. This rule was proposed to clarify the EPA’s jurisdiction over the nation’s waterways under the Clean Water Act after the Supreme Court’s decisions in Solid Waste Agency […]

Continue Reading ›

Michigan v. EPA – SCOTUS Rules EPA Must Consider Costs in Initial Decision to Regulate

Scalia, writing for the Court, stated that “[EPA] gave cost no thought at all, because it considered cost irrelevant to its initial decision to regulate,” he continued, writing, “It is unreasonable to read an instruction to an administrative agency to determine whether ‘regulation is appropriate and necessary’ as an invitation to ignore cost.” With that […]

Continue Reading ›

Supreme Court Set to Revisit Class Action Standards

The U.S. Supreme Court recently granted certiorari to Tyson Foods, Inc. v. Bouaphakeo, a case which has the potential to shake up the class action bar. The case revolves around a dispute raised by Tyson pork-processing workers from an Iowa plant who alleged they were underpaid for time spent putting on and taking off protective […]

Continue Reading ›