Mackall, Crounse & Moore, PLC has joined Dewitt Ross & Stevens S.C.

The newly formed DeWitt Mackall Crounse & Moore S.C. will provide clients with enhanced legal services
and efficiencies as well as access to more than 100 attorneys practicing in nearly 30 areas of
law in Wisconsin and Minnesota.

Dismiss this message

×

News & Education

Back to Firm News

Filter by:

SEIU v. Vos: Less Opportunity for Public Input on Agency Guidance Documents

On July 9, 2020, the Wisconsin Supreme Court issued its decision in SEIU v. Vos, a long-awaited ruling involving a constitutional challenge to the validity of 2017 Wisconsin Acts 369 and 370, the so-called "lame duck" laws, that were passed by the Wisconsin Legislature in December 2018.

The ruling largely upheld the laws as constitutional, but struck down certain provisions in Act 369 that, among other things, required state agencies to submit “guidance documents” to a public notice and comment period before publication. Guidance documents are agency publications that explain the law or that provide advice on how an agency will apply the law. Prior to the Supreme Court invalidating these provisions in Act 369, the notice and comment requirements ensured that the public and regulated community had the opportunity to provide input to the agency during the guidance document drafting process.

The Supreme Court struck down the notice and comment provisions because those requirements invaded the powers of Wisconsin’s executive branch, which has the exclusive authority to “take care that the laws be faithfully executed” under the Wisconsin Constitution.

It is somewhat unclear how Wisconsin state agencies will react to this ruling. However, guidance documents that had been shelved by agencies until they went through the notice and comment process may be issued immediately without adhering to these procedures. Additionally, guidance documents that were undergoing public comment periods are no longer subject to that requirement. Importantly, the Supreme Court reaffirmed that guidance documents do not have the force and effect of law and impose no legal obligations or standards.

DeWitt will continue to monitor how state agencies interpret the Supreme Court’s decision. If you have specific questions about the decision, or a particular agency guidance document, please contact Wes Webendorfer at jww@dewittllp.com or (608) 252-9368.

About the Author

Wesley Webendorfer is an attorney practicing out of our Madison office. He is a member of the Government Relations, Environmental and Litigation practice groups. Contact Wes by email or by phone at (608) 252-9368.

Our Locations

Greater Milwaukee - Get Directions

Green Bay - Get Directions

Madison - Get Directions

Minneapolis -Get Directions

 

 


Get to know us

DeWitt LLP is one of the ten largest law firms based in Wisconsin, with an additional presence in Minnesota. It has more than 120 attorneys practicing in Madison, Metropolitan Milwaukee and Minneapolis in over 30 legal practice areas, and has the experience to service clients of all scopes and sizes.

Partners

We are an active and proud member of Lexwork International, an association of mid-sized independent law firms in major cities located throughout the Americas, Europe and Asia and an active member of SCG Legal, an association of more than 140 independent law firms serving businesses in all 50 state capitals and major commercial centers around the world.

Awards

Super Lawyers 2020
Best Lawyers 2013 – 2020
Compass Award 2012
Top 100 Lawyers: National Trial Lawyers Association
Expertise.com Best in 2020

NOTICE

While we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you (an “engagement letter”). You will not be a client of the firm until you receive such an engagement letter.

The best way for you to initiate a possible representation is to call DeWitt LLP at 608-255-8891. We will make every effort to put you in touch with a lawyer suited to handle your matter. When you receive an engagement letter from one of our lawyers, you will be our client and we may exchange information freely.

Please click the “OK” button if you understand and accept the foregoing statement and wish to proceed.