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
After Wave of Environmental Regulation Rollbacks, Trump Administration Announces PFAS-Combatting Initiatives
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
Best Job in the World: A 3L’s Opinion on the Challenges and Thrills of Environmental Law
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, U.W. Law School Class of 2025, has interned at the Wisconsin Department of Natural Resources
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Wisconsin’s Wind Energy Future Uncertain After Executive Order
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;
Continue Reading Wisconsin’s Wind Energy Future Uncertain After Executive Order
Clearing the Air about Serious Ozone Nonattainment in Southeastern Wisconsin
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, Michigan State 2020, is a staff attorney with the Wisconsin Department of
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EPA Improved Lead Rule to Facilitate Lead Pipes Replacement in the U.S.
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
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Capitol Connection, November 2024
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
EPA Issues Final Lead & Copper Rule Improvements with $2.6 Billion Allocated to Support Replacement of All Lead Drinking Water Pipes in the US
On October 8, the Biden Administration issued its long-awaited final rule, the “Lead and Copper Rule Improvements” (the “LCRI”), requiring drinking water systems across the country identify and replace all lead water pipes within a 10-year period.[1] The LCRI also 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 Issues Final Lead & Copper Rule Improvements with $2.6 Billion Allocated to Support Replacement of All Lead Drinking Water Pipes in the US
Attorney Jessica Mederson Presents at State Bar of Wisconsin’s 2024 Environmental Law Update
Attorney Mederson to present on climate change during State Bar’s Annual Environmental Law Update
Attorney Jessica C. Mederson will present with a panel of other experts during the State Bar of Wisconsin’s 36th Annual Environmental Law Update on Thursday, September 12, 2024. Jessica and the other panelists’ portion of the Environmental Law Update promises to be “a lively panel discussion about climate change [where the audience will] receive guidance on ethical questions with a unique environmental law perspective.” Register
Continue Reading Attorney Jessica Mederson Presents at State Bar of Wisconsin’s 2024 Environmental Law Update
Trends in Riparian Rights: Update
Wisconsin has over 15,000 lakes, and summer often is filled with swimming, boating, and enjoying the state’s waterways. It is also a time where the importance of understanding riparian rights, property rights associated with Wisconsin’s lakes, rivers, and waterways, is heightened. Disputes between riparian owners (lake and river property owners) have become increasingly common as new construction, crowded shorelines, and changes in watercraft have led to increased contact and increased conflict. The latest iteration of this conflict centers around
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EPA Finalizes First-Ever National Drinking Water Standard for PFAS
Law Clerk Klara A. Henry assisted in the drafting of this blog post.
On April 10, 2024, the EPA issued a highly anticipated final rule establishing legally enforceable limits for five types of PFAS (per- and polyfluoroalkyl substances, often called “forever chemicals”). The rule sets individual limits for these five forms of PFAS, as well as limits on two or more of the substances mixed together. The larger class of PFAS substances consists of almost 15,000 synthetic chemicals, many
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Use of the ASTM E1527-21 Phase I Environmental Site Assessment Standard Practice is Now Required to Meet CERCLA Liability Protections
As of February 13, 2024, the American Society for Testing and Materials (ASTM) E1527–21 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” is now required when Phase I Environmental Site Assessments (ESAs) are conducted by environmental consultants to qualify for the innocent landowner defense, or the bona fide prospective purchaser or contiguous property owner liability protections, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (see: 42 U.S.C. 9601 et seq.).
Let March Madness Begin! The SEC Finally Announces its Climate Disclosure Rule
While some people have been eagerly anticipating college basketball’s March Madness, others have been anticipating the SEC’s long-awaited climate disclosure rule, which was finally announced today. As discussed previously (in a climate-related disclosures blog post from a year and a half ago), this rule is highly contentious and will probably face legal challenges.
The SEC appears to be acknowledging the risk of litigation in rolling back what must be reported under this new rule. The European Union requires
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Wisconsin Appeals Court Upholds Rejection of Wetland Fill Permit in Kohler Golf Course Project
When it reviews a wetland individual permit application, the DNR must consider the impacts of the entire project proposing wetland fill, and not only the physical footprint of the proposed fill itself. DNR’s purview of secondary impacts extends to otherwise unregulated activities of the permitted project where they result in significant adverse environmental consequences.
In its December 5 decision, Kohler Co. v. Wisconsin DNR and Claudia Bricks and Friends of the Black River Forest (2021AP1187), the Wisconsin Court of
Continue Reading Wisconsin Appeals Court Upholds Rejection of Wetland Fill Permit in Kohler Golf Course Project
EPA’s New Push for Environmental Justice: What Small Businesses Should Now Consider
On November 15, 2023, the Environmental Protection Agency (“EPA”) announced that it was opening a 60-day public comment period as it considers updates it plans to make to its document entitled: Technical Guidance for Assessing Environmental Justice in Regulatory Analysis (the “Guidance Document”). Public Comments need to be submitted by January 15, 2024.
It is important to understand that this Guidance Document is not a regulation, but businesses with an environmental aspect (e.g. manufacturers, waste processors, etc) should be
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EPA Announces its Long-Awaited PFAS Reporting Requirements under the Toxic Substances Control Act
On September 28, 2023, the U.S. Environmental Protection Agency (the “EPA”) finally finalized its rule requiring the reporting and recordkeeping of per- and polyfluoroalkyl substances (“PFAS”). The rule was posted on October 10, 2023, and provides the details of what is required to comply with the rule. This article will provide a high-level summary of the who, how, what, and when of this new rule in an effort to provide a basic guideline of what is expected for those
Continue Reading EPA Announces its Long-Awaited PFAS Reporting Requirements under the Toxic Substances Control Act