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Animal Waste Emissions from Large Concentrated Animal Feeding Operations: EPA, under the guns of the U.S. Court of Appeals for the District of Columbia and the EPA Office of Inspector General, Issues Interim Guidance to Farmers

Posted on November 14, 2017 by

Introduction Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On October 26, 2017, the U.S. Environmental Protection Agency (EPA) issued a press release announcing an interim guidance […]

Thinking About Expanding Your Business

Posted on November 3, 2017 by

Flyte Family Farm in Coloma has grown a lot over the years.  Not only has Flyte grown tons of crops, but Flyte has also grown its business, which has expanded to five greenhouses and 3200 acres. Adam Flyte and his wife, Carrie, started their business growing corn, soybeans and fresh vegetables, which they sold at […]

When Being a Good Neighbor Can Expose You to Liability

Posted on October 23, 2017 by

In Wisconsin, we have a strong tradition of landowners opening up their land to snowmobile clubs, hunters, trappers, cross-country skiers, and other members of the public. While giving visitors the chance to enjoy the outdoors is a great thing owners can do for their neighbors, it does come with risk. What if a snowmobiler crashes […]

Ruder Ware Exhibits At 2017 World Dairy Expo

Posted on October 20, 2017 by

Ruder Ware was again one of nearly 900 commercial exhibits from 30 countries at the World Dairy Expo, held October 2-7 in Madison. While last year’s show attracted 74,572 visitors from 102 countries, our own unofficial parking lot comparison estimates an even larger crowd for 2017. The show includes the international shows for seven major […]

EPA’s Risk Management Plan (RMP) Final Rule Delayed

Posted on April 6, 2017 by

EPA’s new Risk Management Plan (“RMP”) Final Rule was to take effect on March 14, 2017.  EPA has delayed the effective date until June 19, 2017, and has proposed a further delay until February 19, 2019, in light of industry petitions for reconsideration and judicial review. On February 28, 2017, the “RMP Coalition” filed its […]

U.S. Supreme Court Denies the Trump Administration’s Request to Suspend the Pending Litigation in the Sixth Circuit Court of Appeals over the Clean Water Rule

Posted on April 4, 2017 by

On April 3, 2017, the United States Supreme Court denied a request from the Trump Administration to place a hold on the pending litigation in which the EPA’s and the U.S. Army Corps of Engineer’s Clean Water Rule is being challenged.  The basis for the Trump Administration’s request was the Executive Order signed on February […]

Justice Scalia’s Definition of “Waters of the United States” to Become the Law of the Land?

Posted on March 9, 2017 by

On February 28, 2017, Donald Trump signed the “Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.”  This executive order requires the Administrator of the EPA, the Assistant Secretary of the Army for Civil Works, and other executive department and agency heads […]

The Eleventh Circuit Stays Challenge to the Clean Water Rule

Posted on August 22, 2016 by

On August 16, 2016, the United States Court of Appeals for the Eleventh Circuit, which is located in Atlanta, issued its stay of proceedings in the challenge before that circuit to the Clean Water Rule that was filed in the federal district court for the southern district of Georgia.  State of Georgia, et al., v. […]

Wetlands Determinations – Uncertainty for the Clean Water Rule?

Posted on June 30, 2016 by

On May 31, 2016, the United States Supreme Court issued its decision in United States Army Corps of Engineers v. Hawkes Co., Inc. holding that approved judicial determinations as to the presence of wetlands issued by the Corps of Engineers constitute “final agency action,” which allows property owners to seek judicial review.  As a result […]

Bypassing Scylla and Charybdis: Pre-enforcement Judicial Review of Wetlands Determinations Under the Clean Water Act

Posted on January 11, 2016 by

Introduction In the Odyssey, Homer told of the inescapable sailing hazards that confronted Odysseus: the six-headed sea monster, Scylla, on one side of a strait and a whirlpool, Charybdis, on the other.  Odysseus chose to avoid losing all to the whirlpool and take his chances with the monster.  This was a good choice; Odysseus made […]