Environment, Natural Resources, and Outdoor Recreation

Per- and polyfluoroalkyl substances (PFAS), a wide-ranging group of manmade chemicals, have garnered significant attention in recent years. While the unique properties of PFAS have led to their use in a range of consumer and industrial products, research has linked various PFAS to adverse health outcomes. Additionally, PFAS are often both mobile in the environment and resistant to degradation, traits that have made PFAS contamination particularly challenging to address. Together, these factors have prompted concerns regarding PFAS in communities across Wisconsin.

Nitrates are naturally occurring compounds generated from human and animal waste, as well as highnitrogen fertilizers. In areas where nitrogen runoff is high, nitrates can accumulate in groundwater, leading to an increased risk of adverse health effects to those that rely upon the groundwater as a drinking source. Wisconsin law establishes standards for the concentration of nitrates in groundwater and provides for a range of responses if concentrations exceed the standards. Additionally, the state administers compensation programs for eligible parties impacted by nitrate contamination.

Wolves had once disappeared from Wisconsin, but the Department of Natural Resources now estimates a gray wolf population of over 1,000 in the state. This issue brief summarizes the history and current status of Wisconsin’s wolf harvest season and related state and federal law.

Under Wisconsin law, authority over wind energy facilities is generally split between state and local governments. While the state’s Public Service Commission (PSC) reviews the siting of large electric generating facilities (i.e., facilities with a capacity of 100 megawatts or greater), smaller facilities are primarily regulated at the local level. However, this local authority is subject to various limitations created under 2009 Wisconsin Act 40. This issue brief discusses the regulatory framework established under this act, the resulting PSC wind siting rules, and the PSC’s review of electric generating facilities.

The Wisconsin Supreme Court recently issued two separate but related opinions, both captioned Clean Wisconsin, Inc. v. Department of Natural Resources. Although they arose in the context of permitting decisions made by the Department of Natural Resources, the decisions clarify some broader uncertainty that had existed since 2011 with regard to agency administrative authority. In that year, the Legislature enacted a statute that prohibits an agency from taking certain administrative actions unless those actions are explicitly authorized. The central question in each case was whether agency authority that is stated in broad terms nevertheless qualifies as “explicit” within the meaning of the 2011 enactment. The Court held that it does. This issue brief provides relevant background information and summarizes the Court’s two decisions, one addressing water pollution permits and the other addressing high capacity well permits.

The development and allocation of total maximum daily loads (TMDLs) is a primary tool for addressing water pollution in surface waters that have been designated as “impaired” under the federal Clean Water Act. A TMDL is the amount of a pollutant that a waterbody (or waterbody segment) can receive and not exceed water quality standards.

The term “invasive species” usually refers to any prolific and harmful nonindigenous plant, insect, or animal. If a species is native but similarly prolific and harmful, it may be known as a “nuisance species” or a “noxious species.” All of these unwanted species typically lack natural controls and may deprive desirable species of their food, habitat, or other resources. Various federal and state government entities participate in efforts to control the introduction and spread of invasive and other undesirable species. This issue brief highlights several current efforts and related statutory or regulatory authority.

In Wisconsin, operation of an all-terrain vehicle (ATV) or utility terrain vehicle (UTV) is primarily regulated by state law. The state ATV/UTV law is enforced by Department of Natural Resources (DNR) conservation wardens and other state and local law enforcement officers. The general penalty for violating the statute or related DNR rules is a forfeiture of no more than $250.