Managing growth and development in the 21st Century requires a thorough knowledge of environmental law. Development in urbanized areas usually raises questions of whether the land is contaminated and whether suitable infrastructure is available. In rural and undeveloped areas, the dominant issues tend to be more resource driven concerns such as water rights, wetland issues and habitat concerns. We have had extensive experience in all areas of environmental law that relate to development issues for both municipal and private sector clients. In addition to our active practice in this area, Paul Kent has co-taught the environmental law course at the UW Law School since 1989 and has written and lectured extensively in the field.

      Water Rights.  We have literally written the book on Wisconsin Water Law. Paul Kent's book Wisconsin Water Law: A Guide to Water Rights and Regulations (UW Ext 2001) is now in its Second Edition. It reflects that a substantial part of our practice involves water rights issues. Unlike other areas of environmental law, water rights go back to the earliest days of statehood and Wisconsin common law. Among the issues with which we have had extensive experience are the following:

• Public Trust Doctrine considerations
• Riparian rights and riparian easements
• Navigability determinations and jurisdiction
• Ordinary High Water Mark determinations
• Shoreland zoning including variances, conditional uses and appeals
• Management of surface water, including flooding caused by neighboring properties
• Dams and flowage easements
• Surface water withdrawal rights
• Lake bed and riparian property boundary questions
• Lake level issues
• Drainage District and drainage law
• Cranberry law issues
• Native American Tribal water rights

      Water Regulations.  Along with issues of water rights there is the related area of water regulations. We have worked with the DNR, the Corps of Engineers, local zoning authorities and other state and federal agencies on issues including the following:

• Chapter 30 structures: piers, riprap, culverts, bridges, boat houses, boat landings, beaches, breakwaters
• Chapter 30 stream relocations or bank modifications
• Chapter 30 dredging activities
• Chapter 30 grading activities, stormwater ponds and enlargements to navigable waters
• Wetland regulation including federal permits, state permits, water quality certification, and mitigation
• Stormwater regulation including NR 216 notices of intent, Chapter 30 and shoreland zoning permits
• Floodplain zoning and FEMA regulations
• Dam regulations

      Wastewater Discharge Permits.  Wastewater is comprehensively regulated under the Clean Water Act and the Wisconsin equivalent administered by the DNR. We serve as counsel for the Municipal Environmental Group-Wastewater Division — nearly 90 communities statewide. We represent MEG in rulemaking and legislative forums and provide services for member communities. We also represent some industrial dischargers and are one of the few firms in Wisconsin with experience in addressing tribal water rights under S518 of the Clean Water Act.

      Groundwater Issues.  We have worked with municipalities and business in obtaining adequate groundwater and water supply. Among the issues with which we have had experience are the following:

• Obtaining and defending high capacity well permits for municipalities and industry
• Protecting groundwater quality and/or remediation contaminated groundwater
• Great Lakes Diversion issues
• Public water supply regulations
• Negotiating public water supply contracts

      Threatened and Endangered Species.  We have worked with land owners, developers and municipalities on numerous threatened and endangered species issues. Among the issues we have encountered are: habitat assessments; development of incidental take permits; challenging designations or listings; issues associated with non-listed species that are on the "species of concern" list or natural heritage inventory; recovery plans; and integrating threatened and endangered species issues with other agency permitting.

      Historic Preservation.  We have encountered historic preservation issues including archeological sites and listings; issues associated with Native American artifacts; and traditional cultural properties under S106 of the National Historic Preservation Act.

      Environmental Impact Statements.  The Wisconsin Environmental Policy Act (WEPA) requirement for an environmental assessment or environmental impact statement is one of the cornerstones of modern environmental law. We have been involved in the review of simple environmental assessments to full environmental impact statements prepared for some of the largest projects in the state such as metallic mines and power plants. We have been involved in both defending and challenging compliance of WEPA by state agencies.

      Contaminated Lands.  In urbanized areas, contaminated land issues arise in many contexts ranging from simple land transfers to major brownfields redevelopment. Among the areas with which we have had regular experience are the following:

• State funding options including PECFA, Ag-Chem Cleanup Fund and Brownfields grants
• Review of Phase I, II and III environmental site investigations
• Site access agreements for investigation or remediation
• Obtaining closure letters, VPLE or off-site liability exemption letters from DNR
• Negotiation of remediation consent orders
• Actions for contribution against third parties
• Environmental insurance issues

      Solid Waste Issues.  Effectively managing solid waste is a challenge for industry and municipalities. We have successfully worked to resolve landfill siting issues, including proceedings before the Waste Facility Siting Board, landfill feasibility studies and plan of operation approval at DNR, and closed landfill site remediation.

      Complex Siting Issues.  We have worked to site and oppose the siting of various land uses that are often unpopular developments. Such developments include: sand and gravel operations, power plants, landfills, metallic mines, wastewater facilities, large warehouses and related issues.

      Environmental Process Issues.  Environmental issues often present themselves in the context of administrative actions. These are detailed in our government affairs listing and briefly summarized below:

• Defense in enforcement proceedings brought by DNR, EPA and other agencies
• Permit negotiation and consultation
• Permit challenges in administrative and judicial proceedings.
• Challenging or changing administrative rules and legislation.

Call us today at (608) 246-8500 or contact us online to discuss your legal options.