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This article was originally posted July 10, 2026, in the Marquette University Law School Faculty Blog. It is reprinted here with permission.

With few exceptions, the development and administration of water law (and environmental law more generally) have been the responsibility of either the federal government or the states. In matters related to the control of water pollution, for example, a “cooperative federalism” approach predominates. A federal statute, the Clean Water Act, provides the substance. Yet it is

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Continue Reading The Growing Role of Local Governments in Governing Water Resources

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In April 2026, Governor Evers signed into law two significant bills addressing per- and polyfluoroalkyl substances (PFAS).

The Wisconsin Legislature, alongside the Wisconsin Department of Natural Resources (DNR), has worked on PFAS-legislation for the past decade, and on the newly enacted 2025 Wis. Act 200 and 2025 Wis. Act 201 since March 2025. Acts 200 and 201 create exemptions under the state Spills Law, establish new PFAS grant programs and funding allocations, and expand the ​DNR’s​ responsibilities related to…
Continue Reading Wisconsin Addresses PFAS Contamination and Creates Exemptions

Water droplets with PFAS text -- Forever chemical water contamination concept
Water droplets with PFAS text -- Forever chemical water contamination concept

Governor Tony Evers signed into law two laws that are intended to address significant concerns regarding Wisconsin’s regulation of so-called forever chemicals, per- and polyfluoroalkyl substances (PFAS). These laws, 2025 Wisconsin Act 200 and 201, set a new course and grant new authority to the Department of Natural Resources (DNR) to investigate and remediate, as well as to issue grants to public and private parties dealing with PFAS contamination. The laws also create narrow liability exemptions for passive receivers…
Continue Reading New PFAS Legislation in Wisconsin

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All-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) are popular across Wisconsin for recreation and work. Livestock similarly plays a vital role in the livelihood of many families as well as having a recreational purpose.

ATVs, UTVs, horses, and other livestock must often travel along or across roadways in many Wisconsin regions. It is important to be aware of the specific laws that govern operating ATVs, UTVs, or horse-drawn vehicles on public roads as operators can receive citations or

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Continue Reading ATVs, UTVs, and Livestock on Wisconsin Roads

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What began as a routine walk along the Lake Michigan shoreline in Shorewood last summer has evolved into a dispute related to the foundational
Wisconsin public trust doctrine. Based on the ensuing fallout, many observers believe this dispute between two Shorewood residents could lead to the Wisconsin Supreme Court revisiting a 100-year-old decision on the limits of public access rights that are enshrined in the Wisconsin Constitution.

Paul Florsheim, a longtime resident of Shorewood and a University of

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Continue Reading A Narrow Strip of Sand, a Rocky Constitutional Question

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Please note that views presented in blog articles are those of the author, not those of the Wisconsin Department of Justice, the section, nor the State Bar of Wisconsin. On April 16, 2025, a group of Wisconsin legislators announced their proposal to enshrine a right to clean water, air, and soil in the Wisconsin Constitution. In part, the proposed amendment reads: The people, including future generations, have the right to a clean, safe, and healthy natural environment, including clean

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Continue Reading Green Amendments in Practice: What Wisconsin Can Learn from Other States

Water droplets with PFAS text -- Forever chemical water contamination concept
Water droplets with PFAS text -- Forever chemical water contamination concept

Wisconsin Supreme Court holds that DNR has authority to address PFAS contamination without first promulgating rules identifying each contaminant as a “hazardous substance”
Introduction
On June 24, 2025, the Wisconsin Supreme Court issued a landmark environmental decision in Wisconsin Manufacturers & Commerce, Inc. v. DNR. The Court concluded that the Department of Natural Resources (“DNR”) has the authority to require the cleanup of “emerging contaminants,” like PFAS, without first promulgating rules identifying each substance qualifying as a “hazardous substance”…
Continue Reading DNR Authorized to Address PFAS Contamination without First Identifying ‘Hazardous Substances’ per Wisconsin Supreme Court

The ever-changing landscape of state government requires businesses across all industries to stay informed on the happenings in Madison. Welcome to the July issue of the Capitol Connection.

 In this issue:

  • Governor Tony Evers Signs 2025–2027 Wisconsin Biennial Budget into Law
  • K-12 Education and Child Care
  • UW System and Technical Colleges
  • Tax Relief for Household Affordability
  • Investments in Tourism Industry
  • Health care and Public Health
  • Transportation and Infrastructure Development
  • Support for Veterans and Military Families
  • Agriculture, Conservation, and Clean

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Continue Reading Capitol Connection, July 2025

Per- and polyfluoroalkyl substances (PFAS) are a class of thousands of human-made chemicals used across a number of industries. Their durability makes them ideal for various uses like stain protection in textiles, machine lubricants, and fire suppression. That same durability has led to their more common name, forever chemicals, as they do not break down easily in the environment and can persist in the human body for long periods. PFAS have been associated with an increased risk of certain…
Continue Reading The Shifting Nature of the PFAS Regulatory Landscape

Real estate developers face a complex, evolving landscape for wetland permitting in Florida in light of the loss of the state’s permitting authority, combined with recent federal executive actions and changes to Section 404 of the Clean Water Act (the “CWA”). These state and federal developments create challenges for developers seeking to build hospitals, schools or housing in or near wetlands in Florida.
Context and Legal Background
Section 404 of the CWA regulates the discharge of dredged or fill…
Continue Reading Developers Beware: How the Evolving Battle Over Wetland Permitting Is Impacting Florida Real Estate Projects

Initiatives to Combat PFAS Announced After Environmental Regulation Rollbacks
The second Trump term has already been marked by significant environmental deregulation, including targeting major climate change, energy efficiency, environmental justice, and air pollution policies established over the decades since the first wave of environmental regulatory schemes began in the 1970s.[1] These rollbacks have been compounded by reductions in the EPA workforce and budget, including the agency’s scientific research division.[2] The reduction of per- and polyfluoroalkyl substances (PFAS),…
Continue Reading After Wave of Environmental Regulation Rollbacks, Trump Administration Announces PFAS-Combatting Initiatives

When I started law school, I wasn’t really sure what exactly I wanted to practice. To be honest, I wasn’t even sure at the time if I liked law. I was unsure of myself, I felt out of place in the law school because my classmates seemed to know exactly what they wanted to do and where they wanted to go.

Jonathan Fuller

Jonathan Fuller, U.W. Law School Clas​​s of 2025, has interned at the Wisconsin Department of Natural Resources

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Continue Reading Best Job in the World: A 3L’s Opinion on the Challenges and Thrills of Environmental Law

On his first day in office, Jan. 20, 2025, President Trump signed an executive order that was a shot across the bow to American wind energy production.

The executive order includes the following directives:

  • withdrawal from disposition all areas within the Offshore Continental Shelf (OCS) for wind energy leasing;
  • a halt in consideration of any area in the OCS for new or renewed wind energy leasing;
  • a temporary halt and immediate review of federal wind leasing and permitting practices;

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Continue Reading Wisconsin’s Wind Energy Future Uncertain After Executive Order

On Jan. 16, 2025, the Environmental Protection Agency (EPA) reclassified ​several counties in southeastern Wisconsin from moderate to serious nonattainment for the 2015 ozone National Ambient Air Quality Standards (NAAQS).1 Ozone pollution is an ongoing challenge for the Greater Milwaukee area that affects the environment, the region’s economy, and the public health of approximately one-third of Wisconsin’s population that calls the area home.

Michael Moran headshot
Michael Moran, Michigan State 2020, is a staff attorney with the Wisconsin Department of

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Continue Reading Clearing the Air about Serious Ozone Nonattainment in Southeastern Wisconsin

On Oct. 8 2024, the Biden administration issued its long-awaited final rule, the “Lead and Copper Rule Improvements” (LCRI), requiring drinking water systems across the country identify and replace all lead water pipes within a 10-year period. The LCRI includes requirements for more rigorous testing of drinking water for lead levels, lower thresholds requiring communities to take action to protect residents from lead exposure, and more consistent communication with communities regarding the schedules for pipe replacement and…
Continue Reading EPA Improved Lead Rule to Facilitate Lead Pipes Replacement in the U.S.

The ever-changing landscape of state government requires businesses across all industries to stay informed on the happenings in Madison. Welcome to the November 2024 issue of the Capitol Connection.

In this issue:

Election 2024: State Legislature

After the implementation of new legislative maps, months of campaigning, heated rhetoric, a barrage of unsolicited text messages, and lots of junk mail, the 2024 election has concluded.

After the votes were tallied:

  • Democrats gained 10 seats in the Wisconsin Assembly
  • Republicans maintain

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Continue Reading Capitol Connection, November 2024