In April 2012, the DNR launched a retrospective review of administrative rules impacting small business in response to Gov. Walker’s “Executive Order #61 Relating to Job Creation and Small Business Expansion.” The agency is now accepting comments on the draft report from phase 2 of the review.

A recent WisconsinEye Newsmakers event brought together experts on sand mining to discuss the boom in mining in Wisconsin, the regulatory challenges it presents, and the opportunity for further growth.

The most recent edition of the DNR’s Air News has an article on the use of coal ash in Wisconsin.

Businesses and industries looking to build or expand in Wisconsin now have a new resource intended to provide enhanced and proactive business support to navigate through Department of Natural Resources rules, regulations and permitting: the DNR Office of Business Support and Sustainability.

A Dane County Circuit Court judge has narrowly struck down a portion of 2011 Wisconsin Act 21, the regulatory reform bill passed during the 2011-12 Legislative Session and signed into law by Gov. Scott Walker.

On October 11, the EPA filed a declaration in federal district court stating that it will not be able to finalize a rulemaking on coal ash within six months. The agency indicated it may take more than a year to finalize the rule.

As part of its celebration of the 40th anniversary of the Clean Water Act, the EPA has launched a new app and website to help people find information on the condition of lakes, rivers and streams across the United States from their smart phone, tablet or desktop computer. The How’s My Waterway app and website uses GPS technology or a user-entered zip code or city name to provide information about the quality of local water bodies.

A general permit that streamlines and shortens the wetland permitting process for some residential, commercial, and industrial projects impacting wetlands is now in effect.

The Foundation strives to provide the public with the latest information on regulations and their impact on the economic competitiveness of Wisconsin and the nation. Three recent studies provide more information on the costs of cutting carbon emissions, the impact of regulations on the country’s competitiveness, and the projected number of retiring coal plants.

The Government Accountability Office (GAO) published a report on October 15 concluding that the Department of Energy will need to do a better job coordinating policies with other federal agencies as the demand for energy and water increases in the coming decades.

The U.S. Court of Appeals for the Ninth Circuit has dismissed a federal common law claim of public nuisance for global warming by greenhouse gases, ruling the common law was displaced by the comprehensive federal regulatory scheme of the Clean Air Act. Combined with the U.S. Supreme Court’s ruling in American Electric Power v. Connecticut, this case all but eliminates the availability of public nuisance climate change claims.

Looking for the latest case law on climate change? The law firm Arnold & Porter maintains a comprehensive chart that displays US climate change litigation, covering pending as well as decided cases.

The EPA is seeking an en banc rehearing of the D.C. Circuit Court of Appeals’ Aug. 21 decision vacating the Cross-State Air Pollution Rule (CSAPR). The EPA says its request is “a petition for review of final agency action, not an appeal from the ruling of a district court.”

The DNR is seeking comments on the potential economic impact of changes it has proposed to the state’s endangered species list. The state would like to add 8 plants and animals to the list and remove 16 others.

The DNR will use the information submitted regarding the potential costs and benefits of the proposed changes to the list to prepare the economic impact analysis. The analysis is one of the new rulemaking requirements in 2011 Wisconsin Act 21.

Agency budget requests for the 2013-15 biennial budget bill have been submitted to the Wisconsin Department of Administration (DOA) for review. The DNR’s request, which was approved by the Natural Resources Board at its September meeting, asks for funding for two additional Air Program staff that will focus on sand mining permits.

The Wisconsin State Senate Select Committee on Mining recently held three informational hearings about mining in Wisconsin. Much information was presented to the committee, but perhaps what was more interesting was what was not discussed at the hearings.

A recent article in Michael Best & Friedrich’s Agribusiness, Food and Beverage Newsletter discusses the impact of the Wisconsin Supreme Court’s Lake Beulah decision.

On September 26, the DNR hosted a stakeholder meeting on Wisconsin’s Draft Nutrient Strategy. During the meeting the DNR hinted that nitrogen rules might be on the way and provided an update on the implementation status of the phosphorous rules.

The EPA has taken action to establish the amount of bio-diesel products required to be included in diesel fuel markets in 2013 under the Energy Independence and Security Act of 2007 (EISA).

The DNR has created a fact sheet to help facilities in the former Milwaukee-Racine 1997 8-hour Ozone Nonattainment Area and the Sheboygan County 2008 8-hour Ozone Nonattainment Area comply with federal regulations related to their new status.