Water Law

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close-up view of water flowing from tap into glass

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

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…
Continue Reading Trends in Riparian Rights: Update

It is that time of year again. Summer is around the corner, and lakefront and riverfront property owners all across the state are starting to think about when to get their piers back in or what day they want to drop their boat in. Inevitably, this time of year is when neighbors old and new may start to interfere with other waterfront property owners’ rights to access the water. One of the many issues surrounding lake and river property…
Continue Reading What are Riparian Rights & Why are They Important?

In January of 2023, the federal Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) published in the Federal Register (see Federal Register/Vol. 88, No. 11, January 18, 2023) new rules that define which water bodies are classified under the Clean Water Act (CWA) as “waters of the U.S.” (WOTUS). While this may not appear to be significant, the adoption of these rules will have major implications for how federal agencies will identify the types of…
Continue Reading The EPA and Army Corps’ “Waters of the U.S.” (WOTUS) Rule to Become Effective on March 20