Following Rock-Koshkonong Lake District v. Wisconsin DNR, the bedrock principles of the public trust doctrine in Wisconsin – the civil right of the public to use and enjoy navigable waters, and the broad rule of standing to protect that right – remain firmly intact.
March 20, 2013 – A new mining law relaxes environmental standards for permitting and operation of a mining site in Wisconsin. But advocates for an iron ore mine up north face an uphill battle. In this article, Madison lawyer Elizabeth Wheeler explains the new law.
2011 Wisconsin Act 167 changes the DNR’s permitting authority and requirements for navigable waterway permits. Effective Sept. 1, 2012, the new law eases requirements for private entities seeking to fill navigable waterways by shortening timelines, removing public participation requirements, and creating presumptive approvals. The changes have significant implications for the state’s administration of the public trust doctrine.
July 18, 2012 – Greenwashing describes vague unsubstantiated or misleading environmental marketing claims. In this video, David Gilles and Matthew Kemp discuss Wisconsin's standards for labeling recycled, recyclable, and degradable products and the requirements for substantiating the energy savings created by certain products.
March 21, 2012 – In this video, Wisconsin Department of Natural Resources Deputy Secretary Matt Moroney briefly explains legislative changes and other updates to shoreland zoning, wetland reforms, and pier regulation. In addition, Moroney discusses the "hot topic" issues the department will tackle in the foreseeable future.
March 21, 2012 – In March 2011, the legislature suspended the Public Service Commission's wind siting rules for the uniform local regulation of wind power, Wis. Admin. Code chapter PSC 128. With the close of the 2011-2012 legislative session on March 15, 2012, those rules have now gone into effect.
Feb. 1, 2012 – Attorneys who engage in real estate development, land use, environmental, municipal, or general practice or who represent a land-use-related industry will want to attend the State Bar of Wisconsin PINNACLE™ Current Issues in Land Use Law seminar on March 15 in Madison, offered simultaneously via webcast.
Jan. 4, 2012 – Assembly Bill 426, introduced Dec. 14, 2011, makes sweeping changes that would affect permit applicants, local governments, neighboring property owners, citizens' groups, and the state itself. Elizabeth Wheeler of Clean Wisconsin explains that these changes span a range of issues, from permit fees and tax revenues to permitting timelines and environmental standards as applied to iron mining.
April 20, 2011 — In March 2011, the Wisconsin Legislature's Joint Committee for the Review of Administrative Rules, in an unusual step, suspended proposed PSC rules for the uniform local regulation of wind power. Attorney Edward Marion summarizes the provisions of 2009 Wisconsin Act 40 limiting local control over wind energy systems, discusses the draft PSC rules, and sketches out the current state/local scheme for regulating wind energy systems.
The Working Lands Initiative is a cooperative state and local government and private effort to save farmland, protect the environment, and minimize land-use conflicts. A new law provides enhanced tax credits for farmers whose land is protected for agricultural use and who adopt sound environmental practices. The law provides new opportunities for public-private partnerships, and encourages a renewed community focus on farmland preservation and land-use planning.
"Going green" is an increasingly popular building protocol, with more governmental units offering tax or capital incentives to more developers in more municipalities. Lawyers well-versed in the green building protocol can help clients articulate their motivation for going green, identify the opportunities and benefits, and suggest creative solutions to minimize the significant risks inherent in green development.
May 6, 2009 – Last year’s rampant flooding in Wisconsin pointed out a need that this program is designed to meet. Attend an afternoon of free training from 12:30 to 4:10 p.m. on May 21 in Madison to educate lawyers about common legal issues faced by victims of a natural disaster. Hear legal services professionals from the Federal Emergency Management Agency (FEMA), representatives from the Department of Agriculture, Trade and Consumer Protection, as well as private practitioners discuss how disasters af
April 15, 2009 – The next time you plan to attend a State Bar seminar, you can add it to your electronic calendar when you register by using WisBar’s new “Add to My Calendar” feature. Once you have registered, click the “Add to My Calendar” hyperlink. You will receive an email notification of your event with instructions on how to save the event to your electronic calendar. The feature works for Outlook and Google users.
Apirl 15, 2009 – Did you know that the State Bar of Wisconsin is the official record keeper for agencies that regulate the practice of law in Wisconsin? That means, when your State Bar member record is out of date or incorrect, it affects more than just the Bar. It could affect communications from the Wisconsin Office of Lawyer Regulation, Board of Bar Examiners, and Wisconsin Supreme Court.
April 15, 2009 – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective ways to connect with paying clients more important than ever.
April 15, 2009 – The State Bar Practice411™ Breakfast & Business: Eggs, Ethics and Answers series will be presented on April 22 in Platteville and June 17 in Pembine. Pembine program information is not yet available. Pembine is conveniently located about an hour and a half from Rhinelander, Green Bay, and Marinette, and about a half hour from Iron Mountain, Mich. Both seminars, presented in two sessions, will begin with a hot breakfast at 8:15 a.m. and conclude at 11:15 a.m.
March 18, 2009, – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective resources to connect with paying clients more important than ever.
Given the number of current climate laws or initiatives in Wisconsin and other states aimed at regulating greenhouse-gas emissions and developing “green technologies,” and the high probability of sweeping federal government action within the next few years, lawyers should stay at the forefront of this rising legal practice area.