Environmental Law Section Blog | Environmental Law Section

This blog covers all aspects of environmental law, including changes in federal and Wisconsin statutes, appellate and Supreme Court decisions, general developments, practice tips and pointers, and more. Published by the State Bar of Wisconsin's Environmental Law Section.

This section promotes communication and cooperation among private, public interest, in-house and government attorneys on issues that affect the environment and related law. The section sponsors CLE seminars and has an elist.

Members of the State Bar of Wisconsin may join the section by visiting https://www.wisbar.org/formembers/groups/pages/join-a-group.aspx (login required).

Section website: https://www.wisbar.org/forMembers/Groups/Sections/EnvironmentalLawSection/pages/home.aspx

Subscribe via RSS
Visit Blog
By: Environmental Law Section | State Bar of Wisconsin​

Blog Authors

David A. Belluck
Leslie A. Freehill
David A. Strifling
Edward B. Witte And Heidi Kennedy
Arwen Bleksley
Alan Borsuk
James Bridges
Robert D. Lee
Evan D. Steck
Vanessa D. Wishart
Bartlett Durand
Sarah Elizabeth Cannon
Sara Fox
Jonathan Fuller
Ameya Gehi
Andrea Gelatt
Andrew Gunem
Klara Henry
Michael J. Cain
Derek J. Punches
William John Nelson
Michael K. Moran
Melissa K. Scanlan
Tressie Kamp
Sally L. Benjamin
Diane L. Milligan
Kassie Lang
Robert Lundberg
Richard Manthe
Sarah Martinez
Olivia Messerges
Katherine Plachta
Christina Puhnaty
Phillip R. Bower
Jane R. Landretti
Elizabeth R. Lawton
Jorge Roman-Romero
Hannah S. Richerson
Anya T. Janssen
Caleb Tomaszewski
Adam Voskuil
J. Wesley Webendorfer
Christa Westerberg
Rebecca Wiebke

Latest from Environmental Law Section Blog | Environmental Law Section

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

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

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

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

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

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

…
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;

…
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

…
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.

In the wake of the U.S. Supreme Court’s
Sackett v. EPA decision,​1 the landscape of wetland protections in Wisconsin has changed. While Wisconsin boasts robust wetland protection statutes
compared to other states, a significant exemption to the permitting regime within those statutes hinges on the federal definition of wetlands. The “nonfederal exemption,” established by
2017 Wisconsin Act 183, is an exemption to the permit requirement when filling or discharging into certain wetlands that are not covered…
Continue Reading An Uncertain Future: 'Sackett's' Impact on the Nonfederal Wetland Exemption in Wisconsin

The recent proposal by the Environmental Protection Agency (EPA) to designate two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the federal Comprehensive Environmental Response, Contamination, and Liability Act (CERCLA or “Superfund”) promises to provide greater information concerning the release of PFAS into the environment, as well as powerful tools to require the cleanup and recover costs for such releases.

However, because of the ubiquity of these so-called “forever chemicals,” the proposed designation also raises a number of…
Continue Reading Implications of the EPA’s Proposed Rule Designating PFAS as Hazardous Substances

Nitrate and nitrite are about to reemerge as groundwater and drinking water chemicals of concern.

Our new research reveals that current nitrate and nitrite drinking and groundwater standards do not reflect a true weight of evidence analysis of the peer-reviewed literature and government documents. As a result, such noteworthy authorities as U.S. Environmental Protection Agency (EPA), the World Health Organization, California EPA, Health Canada, Minnesota Department of Health, and Wisconsin Department of Health Services rely on a curated list…
Continue Reading History Judges Nitrate and Nitrite Standards a Scientific Failure

In 2010, Wisconsin passed some of the earliest and most comprehensive phosphorus regulations in the nation. Environmental Protection Agency (EPA) holds up Wisconsin as a model for
Region 5 states (the upper Midwest).

Wisconsin is one of just four states that has adopted total phosphorus and total nitrogen criteria for two or more waterbody types.1

In February, a statewide conference brings together academics, water and agricultural professionals, agency representatives, farmers and producers, lawyers, and lawmakers to evaluate the…
Continue Reading Analyzing the Impact of Wisconsin’s Phosphorus Rules on Water Quality

Milwaukee Downtown Park (P)

“Environmental law is dead. Long live environmental law.”

This proclamation popped into my head while listening to the keynote speaker, Robert Kaplan, EPA Region 5 Regional Counsel – at the 34th Annual Environmental Law Update on Sept. 15 from State Bar of Wisconsin PINNACLE® – no doubt in part due to the passing of Queen Elizabeth II just a few days prior.
The Keynote
In his keynote address, Kaplan explained that when he was in college, he thought there…
Continue Reading The Death of Environmental Law has Been Greatly Exaggerated

​
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. In 2022, the direct effects of climate change are now obvious and familiar. Heightened intensity and frequency of extreme weather events, rising sea levels, and wildfires are frequent flyers in today’s news cycle. Environmental law, in seeking to mitigate environmental degradation, is the legal medium that most directly responds…
Continue Reading Immigration Law Should Be Updated to Better Protect Climate Refugees

“I don’t have the trust with (Wisconsin) DHS.” – Wisconsin Natural Resources Board member Terry Hilgenberg, Feb. 23, 2022.1
On Feb. 23, 2022, the Wisconsin Department of Natural Resources (DNR) regulatory policy-setting body, the Natural Resources Board (NRB), met to discuss three proposed final rules to regulate per- and polyfluorinated substances (PFAS) in drinking water, wastewater (through surface water criteria), and groundwater.

In that meeting, the NRB unilaterally increased the proposed final drinking water standard from the Wisconsin…
Continue Reading Parts Per Quadrillion: Public Health Messaging and PFAS

​
The opinions in this article reflect the views of the author, not the author’s employer or the State Bar of Wisconsin Environmental Law Section. Wisconsin’s Public Trust Doctrine provides that the navigable waters of the state and the carrying places between them are “common highways and forever free” for the use and enjoyment of all citizens.1 State law has long required and protected the public’s right to get to the water, but many people are unaware that…
Continue Reading Public Access to Water and Access Abandonment Requests

I spend my weeks surrounded by engineers working in wastewater plants. And I work with regulators trying to find the right numbers or standards to ensure we have “clean” water. Both are tied by regulations and laws that demand strict compliance, and are used to “industrial” solutions – measuring end of pipe levels of nutrients and pollutants to confirm those numbers are below established thresholds. If a number is off, you turn a wheel or add some chemical based…
Continue Reading Help Clients with Environmental Issues by Using the Tools of Our Trade