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Environmental Week in Preview – Week of August 5, 2013

By Stafford Rosenbaum

August 6, 2013: The Senate Committee on Environment and Forestry will hold a public meeting regarding chapters NR 120, 128, 151, 162, 166, 218 and 219 for the right the rules initiative. There will be no opportunity for public testimony. The Committee will also hold an executive session on AB 131, SB 189 and SB […]

Aug 04, 2013 in Blogs
Filed Under: Employment & Labor Law

Is Obesity Now A Disability Under the Americans With Disabilities Act?

By Stafford Rosenbaum

The American Medical Association voted last month to classify obesity as a disease requiring a range of medical interventions to advance obesity treatment and prevention. Given the broad definition of “disability” under the Americans With Disabilities Act and the Wisconsin disability anti-discrimination act, it may not be too long before courts start ruling that obesity […]

Jul 29, 2013 in Blogs

Environmental Week in Preview – Week of July 29th, 2013

By Stafford Rosenbaum

No DNR public hearings this week. August 1, 2013: The revisions to chapter NR 210, Wisconsin Administrative Code to update and clarify the requirements for sanitary sewerage overflows becomes effective on August 1, 2013. Permittees with permits out on public notice should review their draft permits to ensure that the revised language is incorporated in […]

Jul 28, 2013 in Blogs

Environmental Week in Preview – Week of July 22, 2013

By Stafford Rosenbaum

No DNR public hearings this week. In the past couple of weeks, a number of opinions of note have been released. United States of America, et al v. Midwest Generation, et al.: The U.S. Court of Appeals for the 7th Circuit concluded that enforcement of new source review (NSR) violations are limited to five years […]

Jul 22, 2013 in Blogs
Filed Under: Environment and Land Use Law

Wisconsin Supreme Court issues opinion in the Lake Koshkonong Lake Level Dispute

By Stafford Rosenbaum

The Wisconsin Supreme Court ruled on a number of issues regarding the DNR’s authority when reviewing lake level petitions. The Court concluded that the DNR properly considered the impact of the Petition’s proposed water levels on public and private wetlands in and adjacent to Lake Koshkonong. However, the Court concluded that the DNR inappropriately relied […]

Jul 16, 2013 in Blogs

Environmental Week in Preview – Week of July 15, 2013

By Stafford Rosenbaum

July 17, 2013:The Assembly Committee on Natural Resources and Sporting Heritage will hold an executive session on Assembly Bill 75 relating to the applicability of a county shoreland ordinance area annexed by, or incorporated as, a city or village. A similar bill (SB 183) has been passed by the Senate Committee on Economic Development and […]

Jul 15, 2013 in Blogs

Environmental Week in Preview – Week of July 8th, 2013

By Stafford Rosenbaum

July 8, 2013: The DNR will hold a public hearing on supplemental information the DNR plans to submit to the U.S. Environmental Protection Agency in support of a redesignation request for the Milwaukee-Racine Nonattainment Area for the 2006 24-hour PM2.5 National Ambient Air Quality Standard (NAAQS) submitted to EPA on June 5, 2012. July 8, […]

Jul 07, 2013 in Blogs

Environmental Week in Preview — Week of July 1, 2013

By Stafford Rosenbaum

Happy Fourth of July! Not much is going on this week due to the holiday. Although comments are due on the draft updates to the Guidance on Thermal Water Quality Standards, the proposed additions to the 303(d) list and the revisions to the WisCALM guidance. Also, the DNR has until July 1 to review plans […]

Jun 30, 2013 in Blogs

Environmental Week in Preview – Week of June 24th, 2013

By Stafford Rosenbaum

June 25th, 2013 – The Wastewater Operator Certification Workgroup will hold a public meeting regarding its continuing work on the revisions to the Ponds, Lagoons & Natural Systems study guide and certification exam for waterwater treatment plant operators. June 26th, 2013 – The Natural Resources Board will hold a meeting in Wausau. The agenda includes […]

Jun 23, 2013 in Blogs

Environmental Week in Preview – Week of June 17th, 2013

By Stafford Rosenbaum

June 17-21, 2013: The full legislature is likely to be taking up the budget this week. There are a number of environmental provisions in the budget including the removal of citizen’s rights to challenge high capacity well applications on the basis of the DNR’s failure to review cumulative impacts and restricts local governmental entities from […]

Jun 17, 2013 in Blogs

Environmental Week in Preview – Week of June 10, 2013

By Stafford Rosenbaum

June 10, 2013: The DNR will hold a public hearing on nine wastewater permits for facilities that have been allocated a wasteload in the Rock River Basin Total Maximum Daily Load. The facilities include: Village of Brownsville, Leroy Sanitary District, Village of Lomira, City of Mayville, Village of Theresa, Ashippun Sanitary District, Village of Hustisford, […]

Jun 10, 2013 in Blogs

Environmental Week in Preview – Week of June 3, 2013

By Stafford Rosenbaum

June 5, 2013: The DNR will hold a public hearing regarding the proposed air pollution control construction permit application submitted by Wisconsin Public Service Corporation for ReACT activated carbon control system and associated operations on Weston Unit #3. June 6, 2013: The Division of Hearings and Appeals will hold a telephone prehearing conference in the […]

Jun 03, 2013 in Blogs

Environmental Week in Preview – Week of May 27, 2013

By Stafford Rosenbaum

May 28, 2013: The DNR will hold a public meeting to review the ambient air quality monitoring network. The DNR will review the changes that occurred in 2013 and will present an outline of proposed changes for 2014. An explanation will be provided for each deviation from the previous year’s plan as well as the […]

May 27, 2013 in Blogs

Environmental Week in Preview – Week of May 20, 2013

By Stafford Rosenbaum

May 20, 2013: The DNR will hold a public hearing on a proposed wastewater discharge permit for Ziegler Dairy Farms and GL Dairy Biogas LLC/ Middleton Digester. There are two linked projects, the proposed Dane County Manure Handling Facility (Middleton Digester) to be operated by GL Dairy Biogas, LLC and the expansion they have planned […]

May 20, 2013 in Blogs
Filed Under: Dealership & Franchise Law

A Textbook Example of the Grey Market

By Stafford Rosenbaum

Out of the scores of disputes that arise with respect to “grey market” distribution channels, what are the odds that a case involving a Thai student doing business as “bluechristine99” on eBay would reach the U.S. Supreme Court? “Grey market” refers to the sale of genuine branded products outside of established distribution channels established by […]

May 14, 2013 in Blogs

Environmental Week in Preview – Week of May 13, 2013

By Stafford Rosenbaum

May 14, 2013: The Department of Agriculture, Trade and Consumer Protection board meeting will include the request to approve the final draft rule related to the farmland preservation program. The rule creates ch. ATCP 49 which specifies the application content and process for receiving certification of farmland preservation plans and ordinances, authorizes additional uses allowed […]

May 13, 2013 in Blogs
Filed Under: Employment & Labor Law

Facebook Postings Trashing Supervisor Are Protected By the NLRA

By Stafford Rosenbaum

The National Labor Relations Board (NLRB) recently decided that an employer violated the National Labor Relations Act (NLRA) when it terminated employees who complained about the conduct of their supervisor on Facebook. The case is Design Tech. Grp. LLC d/b/a Bettie Page Clothing. The NLRA prohibits all employers, both union and non-union, from punishing employees […]

May 07, 2013 in Blogs
Filed Under: Employment & Labor Law

Undocumented Workers Can Bring Wage and Hour Claims

By Stafford Rosenbaum

According to a recent Eleventh Circuit Court of Appeals decision, undocumented workers are entitled to sue under federal law for minimum wage and overtime. The Eleventh Circuit does not govern Wisconsin, but Wisconsin employers should nonetheless pay attention to the ruling. Paying all employees at least minimum wage and all overtime due will help keep […]

May 06, 2013 in Blogs

Environmental Week in Preview – Week of May 6, 2013

By Stafford Rosenbaum

May 6, 2013: The DNR will hold a public hearing on an air pollution control permit application submitted by Motor Castings Company – Plant 1. The application includes plans and specifications for modification and operation of a thermal sand reclamation unit. May 7, 2013: The DNR will hold a public meeting to present information regarding […]

May 05, 2013 in Blogs

Environmental Week in Preview – Week of April 29, 2013

By Stafford Rosenbaum

April 29, 2013: The DNR will hold a public hearing on an air pollution control construction application submitted by Enbridge Energy regarding plans and specifications for construction and operation of increased incoming and outgoing capacity, modify LDAR for new and existing operations (subject to BACT) and construction of two new tanks. April 30, 2013: The […]

Apr 29, 2013 in Blogs