Recent Foundation Filings & Case Decisions

We participated in oral arguments in Clean Wisconsin v. DNR.

We filed a opening brief on the merits in Clean Wisconsin v. DNR. 

We filed an amicus brief on behalf of NFIB, WRA, and RLC in WMC v. Evers, which challenges the release of the names of COVID-19 affected businesses.

We filed an update with the court on the status of Clean Wisconsin v. DNR and legislative intervention in the wake of SEIU v. Vos.

The Wisconsin Supreme Court ruled in favor of the Medicaid providers, holding DHS’s auditing and claw-back policies fell outside the boundaries of the agency’s explicit authority. The decision provided a huge win for the regulated community as the court recognized Act 21’s explicit authority requirement as the first hurdle an agency must clear before imposing regulatory mandates.

We submitted comments on DNR’s proposed guidance for high capacity well application review process, arguing it ignored the ongoing litigation in Clean Wisconsin v. DNR on this very issue, overstepped the boundaries of DNR’s explicit authority, and at minimum needed to go through rulemaking.

The Wisconsin Supreme Court ruled in favor of the Wisconsin Legislature in Wisconsin Legislature v. Palm, upholding our position that DHS’s stay-at-home order must go through emergency rulemaking and that the order fell outside DHS’s Act 21 explicit authority.

We filed a letter with AG Kaul questioning the legal basis of his decision to withdraw AG Schimel’s Act 21 attorney general opinion, particularly with Clean Wisconsin currently before the Supreme Court.

We filed an amicus brief with the Wisconsin Supreme Court on behalf of Wisconsin Manufactures & Commerce and Wisconsin Dairy Alliance supporting the Legislature in the case relating to agency authorities during the corona-virus challenge.