Apr 19 2019

Alert: Wisconsin Supreme Court Certifies DNR Regulatory Authority Cases

The Wisconsin Supreme Court recently certified two companion cases involving the scope of the Wisconsin Department of Natural Resources’ (“DNR”) regulatory authority in light of 2011 Wis. Act 21 (“Act 21”). Both of the companion cases are captioned as Clean Wisconsin, Inc. v. DNR.1 The first case involves the DNR’s authority to regulate concentrated animal feeding operations (“CAFO”), while the second case involves DNR’s authority to regulate high capacity wells. Both cases involve questions of statutory interpretation (involving Wis. Stat. chs. 281 and 283) and constitutional interpretation and application (related to the public trust doctrine).

Read More

Oct 05 2015

Updated Vapor Intrusion Guidance from EPA and DNR

U.S. EPA and Wisconsin DNR have increasingly focused on vapor intrusion ("VI") as a major exposure concern at many environmental sites where volatile organic compounds ("VOCs") have leaked into the soil and groundwater. VI results from the upward or lateral migration of vapor associated with products like industrial degreasers, dry cleaning solvents and petroleum through soil, groundwater and other pathways into the breathing air of residences and workplaces. Rapid evolution in VI science has led to greater understanding of the risks associated with VI and improved approaches for evaluating and managing the associated risks. This summer, for the first time since 2002, EPA released its final VI policy in two technical guidance documents.

Read More