Category Archives: Court Watch

SCOTUS Takes Up Major Greenhouse Gas Case

The U.S. Supreme Court has agreed to hear an important case challenging the EPA’s authority to regulate greenhouse gas emissions from new and modified major stationary sources under the Clean Air Act (CAA).

Posted in Clean Air Act, Court Watch, Environmental Protection Agency, Regulatory Train Wreck, United States Supreme Court

Court Decides Important Mining Case

Right on the heels of the Great Lake Legal Foundation’s success in the Wisconsin’s Supreme Court’s Lake Koshkonong case comes another decisive win for the Foundation’s legal efforts. The U.S. Court of Appeals for the Seventh Circuit has agreed with … Continue reading

Posted in Court Watch, Department of Natural Resources, Water

Limitations Placed on Public Trust Doctrine

The Wisconsin Supreme Court recently issued a landmark decision protecting property owners and businesses from overreaching bureaucrats at the Department of Natural Resources, at the same time protecting Wisconsin’s pristine waterways. However, environmental groups are trying to marginalize the decision … Continue reading

Posted in Court Watch, Department of Natural Resources, Water, Wisconsin Supreme Court

News Coverage & Reactions to the Lake Koshkonong Decision

Wisconsin Supreme Court Limits DNR’s Regulatory Authority under the Public Trust Doctrine: Great Lakes Legal Foundation, July 16, 2013.WMC Statement on Lake Koshkonong Ruling: Wisconsin Manufacturers & Commerce, July 16, 2013.WI Supreme Court Limits DNR Power on Lake Levels: Midwest … Continue reading

Posted in Court Watch, Department of Natural Resources, Rulemaking in Wisconsin, Water, Wisconsin Supreme Court

Wisconsin Supreme Court Limits DNR’s Regulatory Authority under the Public Trust Doctrine

The Wisconsin Supreme Court today issued a decision limiting the Department of Natural Resources’ (DNR) regulatory authority under the public trust doctrine. The case is Rock-Koshkonong Lake District v. DNR, 2013 WI 74. The Supreme Court held that the DNR … Continue reading

Posted in Court Watch, Department of Natural Resources, Rulemaking in Wisconsin, Water, Wisconsin Supreme Court

U.S. Supreme Court Rules There’s no “Off Site” Exception to Fifth Amendment’s Takings Clause

The U.S. Supreme Court’s 5-4 ruling in Koontz v. St. Johns River Water Management District gives property owners assurances that government bureaucrats cannot use the land use permitting process as a way to get extra money for government projects as … Continue reading

Posted in Court Watch, Environmental Protection Agency, United States Supreme Court

High Capacity Well Budget Provision Preserves Environmental Protections, Limits Regulatory Uncertainty

A motion (#375) passed by the Joint Finance Committee (12-4) limiting the ability of environmental groups to challenge high-capacity well permits will help reduce regulatory uncertainty and create jobs, while continuing to protect the environment.

Posted in Court Watch, Department of Natural Resources, Regulatory Train Wreck, Water, Wisconsin Legislature, Wisconsin Supreme Court

Is Sue to Settle the New Rulemaking Paradigm?

A new blog post by Will Haun on the Federalist Society’s Executive Branch Review, Suing, Settling, and the Separation of Powers, outlines the path some federal agencies are taking to avoid the formal rulemaking process and Congressional oversight. The blog … Continue reading

Posted in Court Watch, Regulatory Train Wreck

S.S. Badger Coal Ash Discharge to Lake Michigan to Cease by End of 2014 Sailing Season

The EPA and DOJ have announced the lodging of a proposed consent decree that requires Lake Michigan Carferry Service, Inc. (LMC) of Ludington, Michigan, to eliminate the discharge of coal ash into Lake Michigan by the S.S. Badger by the … Continue reading

Posted in Court Watch, Environmental Protection Agency, Water

Roggensack, Fallone Win Supreme Court Primary

On April 2, incumbent Justice Patience Roggensack will face Marquette Law professor Ed Fallone for her chance to win another 10-year term on the Wisconsin Supreme Court. According to unofficial results from the Associated Press, with 99 percent of precincts … Continue reading

Posted in Court Watch, Wisconsin Supreme Court