Thursday, November 23, 2017

Advantage, pollution: Feds "no" on lakeshore golf hearing

There's an insiders' tag team underway by the US Army Corps of Engineers and the Wisconsin DNR as the state government/Walker donor steamroller bulldozer aims to convert a 247-acre nature preserve into a privately-owned golf course adjacent to - - and partially within - - Kohler Andrae State Park,

It's like counting on the second opinion you lined up by an independent claims adjuster because you know your insurance company was likely tp selling you out after a flood wrecked your house - - and then discovering that your independent firm isn't going to do the separate analysis because it already decided your insurer's notes and reviews were good enough.

So if you plan to attend the hearing the Wisconsin DNR has scheduled on its golf course plan reviews in Sheboygan on Nov. 30th - - a week from today, and to which Friends of the Black River Forest urge your attendance - - and you've been thinking that the US Aarmy Corps of Engineers would was available as an honest, independent back-stopping reviewer which would put the protection of Lake Michigan and the lakeshore and dunes and wetlands and groundwater from fertilizer runoff and related degradation as priority #1 - - note:

The Corps of Engineers has decided not to hold a hearing of its own, and will rely on the DNR's processes and reviews and assessments which, to date, are working to the golf course developer's advantage, as explained in the comments from Friends of the Black River Forest, here.

The Corps of Engineers has said by letter, below, "there is not a valid public interest to be served by conducting a public hearing at this time." 

Also available, here:

Army Corps of Engineers Letter - No public hearing needed for permit to discharge dredged material or fill in wetlands. 10/3/17

And you know that after a DNR permit is issued, the Corps of Engineers is likely to say 'well, too late now.'

Wednesday, November 22, 2017

New WI DNR Secretary D. Meyer just like 'chamber of commerce' Stepp

At the WI DNR, it's out with the old, in with more-of-the same, as more small government conservatives sign on to big government big jobs.

Scott Walker's hand-picked 'chamber of commerce mentality DNR Secretary Cathy Stepp has gone to help run Trump's pro-business US EPA, so new DNR Secretary Dan Meyer is fielding much the same type of pro-business management team, per this email circulating in the agency:
Message from Secretary Dan Meyer
Greetings! I'd like to start off by thanking each of you that I've met this past month traveling around the state. Your professionalism and knowledge is exceptional and I feel very fortunate to lead such an outstanding organization.
To those I have not met yet, I look forward to meeting you and learning more about your programs and the work you do here at DNR.
That said, I am happy to announce three new members to our agency's Department Leadership Team (DLT) as well as a couple other human resources-related changes.
Jake Curtis
First, I am happy to announce the appointment of our new Chief Legal Counsel, Mr. Jake Curtis. Jake holds a J.D., cum laude, from the University of Wisconsin Law School and was admitted to the State Bar in 2009. Jake has a B.A., summa cum laude, in political science from the University of Wisconsin-Eau Claire. He resides in Grafton with his wife and children, where they frequently visit Lion's Den Gorge Nature Preserve. Growing up, Jake spent his summers in Waushara County. Now, Jake and his family enjoy frequenting Vilas County in Wisconsin's Northwood's.
 Luke Fuller
Second, please join me in welcoming Mr. Luke Fuller as our new legislative liaison. As some of you may already know, Tim Gary recently joined our Management and Budget program earlier this month, creating this vacancy 
Prior to joining the DNR, Luke worked in issue advocacy for the last two years. Luke previously served as State Senator Leah Vukmir's Chief-of-Staff and began his career in state government in the Governor's Office. Luke lives in Fitchburg with his wife Michele and their daughter Eleanor. 
When he isn't working he enjoys hiking the Ice Age Trail, reading and watching basketball... 
In closing, I would like to wish you and your friends and family a very Happy Thanksgiving. If you are traveling or are planning on deer hunting, please be safe and enjoy this special time of year.
Note that a more complete Jake Curtis biography includes additional information about his previous and more recent employment, political and campaign background: 

Jake Curtis

Associate Counsel & Federalism Litigator

Jake Curtis is an Associate Counsel and Federalism Litigator at the Wisconsin Institute for Law & Liberty’s Center for Competitive Federalism. He is a frequent contributor to Right Wisconsin and his work has been featured in National Review Online.
Prior to Joining WILL, Jake served as Wisconsin State Senator Duey Stroebel’s Policy Director and as a litigation and government affairs associate at both Reinhart Boerner Van Deuren in Milwaukee and a boutique Mequon firm specializing in municipal labor and employment matters. He previously served as an Ozaukee County Supervisor as well as a special appointed Assistant District Attorney in Milwaukee County.
In addition to his role as an attorney, Jake has been actively involved in Wisconsin politics since 2004.  He previously served in key advisory roles to Assembly, State Senate, Judicial, and U.S. Senate campaigns.  Most recently, he served as a Wisconsin advisor to the Ted Cruz presidential campaign.
Jake holds a J.D., cum laude, from the University of Wisconsin Law School, where he was a member of the Moot Court Team, and a B.A., summa cum laude, in political science from the University of Wisconsin – Eau Claire, where he was the 2005 co-recipient of the Karl Andresen Scholarship.  He resides in Grafton with his wife and children.

WI GOP politicians' special hatred for teachers

WI right-wing robot and GOP Governor Scott Walker went out of his way to slam public employees, and especially teachers, in his signature divide-and-conquer wage-depressing and union-busting plan known as Act 10.

So his WI GOP sidekick and US House Speaker Paul Ryan
Paul Ryan's official Speaker photo. In the background is the American Flag.
comes with his own special kick at teachers - - stripping from them in the same tax 'reform' bill which enriches corporations and millionaires the modest income tax deduction for money teachers spend out of their own pockets on school supplies.

That private, personal spending by middle-class, relatively-underpaid teachees replaces some of the money which politicians like Walker have cut deeply and intentionally from public education spending as a matter of ideological routine.

Talk about a sick, special-interest loop.

Foxconn boosterism looking a little icky today

That Foxconn reportedly got caught making some Chinese high schoolers work illegal shifts comes as no surprise.

Foxconn has been caught doing this before with young workers, and so-called 'interns.'
"Work in general at Foxconn is extremely taxing, extremely monotonous and has an extremely high burnout rate," said Keegan Elmer, a researcher at the Hong Kong-based China Labor Bulletin. 
The company has also been accused of undercutting minimum wage laws and benefits protections by hiring young "interns," some of them underage high school students, to work on production lines. 
In 2012, New York-based China Labor Watch found children as young as 14 were forced to work in Foxconn factories by technical colleges or they would not graduate. An audit of the company by the Fair Labor Association found that "in 2011, 2.7% of the workforce of Foxconn Group consisted of interns, an average of 27,000 interns per month." 
"Our assessors found that interns worked both overtime and night shifts, violations of the regulations governing internships," the report said.
In fact, some workers were committing suicide over harsh working conditions, and the company installed suicide prevention nets at company-built worker housing.
If you know of Foxconn, there’s a good chance it’s because you’ve heard of the suicides. In 2010, Longhua assembly-line workers began killing themselves. Worker after worker threw themselves off the towering dorm buildings, sometimes in broad daylight, in tragic displays of desperation – and in protest at the work conditions inside.  
here were 18 reported suicide attempts that year alone and 14 confirmed deaths. Twenty more workers were talked down by Foxconn officials.
All of which puts the comments of this pro-Foxconn Wisconsin business leader into its context, since humans are certainly part of the environment:  
The Metropolitan Milwaukee Association of Commerce's Tim Sheehy tried hard in remarks to the Journal Sentinel to downplay concerns about the company's adherence to environmental law even though much Wisconsin environmental policy has been waived for Foxconn:
Sheehy said as an international company that supplies electronic giants such as Apple, Foxconn has management systems and standards in place that include substantial environmental controls. 
 “They want to go far beyond command and control,” he said. “In other words ‘here’s your law, we have to comply with it.’ 

A Foxconn Fever primer

[Updated continuously July-November] Foxconn wants to build in Wisconsin, so here is a growing archive of coverage and commentary on this blog, beginning with what's most recent:

*  Prediction: illegal work shifts won't be the only ugly story you read about Foxconn practices in the coming months and years.
Foxconn boosterism looking a little icky today
* Summary post about the WI GOP war on the environment includes an explanation of Foxconn's coming collision with state wetland and water law.
Insiders, experts explain WI GOP's damage to the environment  
*  Foxconn part of great WI water giveaway.
Walker, GOP officials worsen WI water, wildlife crises. Part two.
*  WI experts, advocates add Foxconn project the environmental dangers' list.
Walker, GOP officials worsen WI water, wildlife crises. Part one.
*  Foxconn is a big one, but not the first. 
The con on protecting WI air, water extends far beyond Foxconn
*  Look past the gee-whiz promises to see who's already getting paid.
Foxconn offers gravy train, adds pie-in-the-sky
*  Watch Walker during 2018 spin 260 jobs into 250,000
At public expense, Foxconn gets low bar, Walker high praise
*  Foxconn fiscal fakery isn't Scott Walker's first foray into phony data.
Scott Walker's numbers games; the legend grows
*  Walker inflates Foxconn investment pledge by $! billion.
Walker hails $10 bil. Foxconn pledge; MJS says it's $9 bil.
*  When the hoopla ends, the hard work and choices begin
After WalkerFoxconnFest, the real meetings
*  Hubris alert.
Walker and Stepp were ready for Foxconn. Just ask them.
*  A billion here, and billion there...
Is Foxconn pledging a $10 billion investment...or is it $9 billion?
*  WEDC board doesn't get to see the contract after all
Slippery process: WEDC board approves Foxconn contract summary, not the actual contract
*   Who's on that WEDC board voting on Foxconnn in secret?
Private-sector dominated WEDC board dealing with Foxconn deal in secret 
*  File under "not reassuring." or "Duh!"
Vos praises WEDC...for doing its job
*  The Nov. 6 secret Foxconn review session WEDC deigned to hold is a sham.
Rolling dice for Foxconn, in secret, with our money
* A ray of sunshine forced on Foxconn contract.
Tim Carpenter wins a Foxconn round for the people
* Props to Madison writer Lawrence Tabak.
Tremendous addition to our Foxconn awareness
*  In perspective: the con began long before Foxconn.
How Walker is privatizing and selling off Wisconsin
*  Exhibit "A" - - Walker's gift or public waters to Foxconn.
Walker will float campaign on our water
* Loopholes shield Foxconn FUBAR contract from public view.
Foxconn's banker WEDC subject to open records. Or not  
* Walker's WEDC: Foxconn contract, history withheld from public.
Walker's Foxconn cover-up gets worse
* More proof that Foxconn's environmental exemptions are the proverbial camel's nose in the people's water tent.
Wisconsin water grabbers are at it. Again.
* Vos got Foxconn, big highway deal, still griping.
Why Robin Vos' losing hit on fellow Republicans is so irrational
* Foxconn giveaways targeted to SE WI, now mysteriously delayed.
Walker's '16 campaign baggage getting heavier
* Fixing FUBAR Foxconn contract w/out saying "drafting error." And more.
Scott Walker: Clean up on aisle '18
* The Foxconn contract FUBAR is being covered up.
Walker's Foxconn coverup clock is running
* Foxconn deal delayed.
What? Foxconn deal isn't ready at WEDC? 
* Foxconn now driving the WI highway budget & away from everyday needs.
Hurried $252 Foxconn million for I-94 N/S is both outrage and chicken feed
* Villages take more time to ponder building a schoo.l
Locals pushed to hand Foxconn $764 million
* Will Racine area cabbage fields sprout lemons?
Foxconn's $764 million local shares get aired this week
* Saying 'trust the company' overlooks reality and the record.
Booster discharges murky Foxconn spin
* Yipes! Local taxpayers will pony up $764 million local dollars For Foxconn.
$764 million cost of Foxconn 'win' for WI local government
* Rush in WI to legislate broad environmental rollbacks statewide, Foxconn-style.
In post-Foxconn WI, GOP is done w/air, wetlands law 
* The Foxconn measuring stick.
Foxconn gets swift [WI AG] Schimel boost, rape kits get indolence
* About Walker overpaying for Foxconn by a factor of five.
So Scott Walker walks into an auction...
* Major fox in the Foxconn chicken coop.
Walker names Great Lakes Compact foe as key Foxconn aide 
* Oh, those Foxconn obstacles.
Fast-tracked Foxconn mix could sour
* $3 billion bet on his re-election campaign. Then on jobs.
Note to NY Times: Foxconn is about Walker re-election. Then jobs.
* Walker-led GOP group whitewashes his past, Foxconn future.
Walker shills rewrite his job creation record, Foxconn outlook
* Really painful, stupefying irony alert.
Foxconn bill signing to spotlight Walker/Vos transportation incompetence
* Walker, Foxconn and the "s" word.
Scott Walker's missing Foxconn word
* Foxconn deal underscores Walker's 'chamber of commerce mentality 'governance.
Walker's WI is model hard-right "chamber of commerce" state 
* Oh, and about that little overlooked Foxconn item - - a Lake MI diversion.
Foxconn water diversion story needed more attention 
* Viewing Foxconn through Walker's discarded ethics lens.
Walker's deleted ethics code could have skewed Foxconn giving, lobbying
* Foxconn is Walker's biggest use of gov't to pick winners and losers, yet...
Despite denials, Walker uses gov't. to pick winners & losers
* WI Senate joins the Foxconn parade
Wis conned. GOP-led State Senate gives OK to unprecedented giveaways.
* Not this special favor for Foxconn, this one!
WI GOP Senate Leader adds phantom judicial 'restriction' to Foxconn deal
* Foxconn settles on Racine County, despite flooding history there.
Foxconn headed for flood-prone Racine County
* Foxconn might feel it's the one which got conned.
For new WI mines, more env. giveaways than Foxconn got
* Along with tax breaks, free highway work - - special Supreme Court access.
WI GOP lawmakers hand Foxconn newer, bigger favor
* One potential Foxconn locale is struggling with the opportunity.
With Foxconn looming, Mount Pleasant had a meltdown
* Out-going DNR Secretary Stepp spills the beans.
DNR's Stepp says a Foxconn was the plan all along
* Holding Foxconn to the Walker/Trump environmental (will-wink) 'standards.'
Exposing Walker's environmental Foxconn con
* 'No-tax-increase Walker' might just raise local taxes.
Add local taxpayers to school on cusp of Foxconning
* WI may find Foxconn draining education funding.
WI legislators, on educ. funding today, could show Foxconn effect 
* Latest news: Foxconn's billion-dollar 'strain' on state budgets, or "D'uh!"
Go suck on $1 billion worth of lemons, Bucky
* At least this time he didn't call you an ISIS fighter.
Vintage Walker uses Foxconn to flip off the people
* A rushed project would not need so many corrections.
Another day, another Foxconn data correction.
* GOP leaders Walker/Vos/Stepp have long failed job creation, environmental protection pledges.
On Foxconn assurances, consider the sources and histories
* 13,000 jobs? No accident that the Assembly and public didn't have all the facts.
Put Foxconn on hold until Walker explains data suppression
* Robin Vos, reckless and feckless.
Robin Vos trivialized $3 billion, ignored shocking jobs info
* Dispensing with clean blue water, green legacy. 
Green? WI GOP likes brown, orange, perhaps blackish and 'sudsy'
* And the next shoe drops. 
Seeing Foxconn 'win, WI GOP env. wrecking crew eyes mining favors 
* Walker, GOP laid Foxconn groundwork years ago.
Foxconn favors are basic to Walker, GOP's sloppy playbook
* Walker evades leadership from #Foxconn to #Charlottesville.
On jobs, moral leadership, persistent Walker con
* Reality, troubling numbers, no state budget mean nothing to GOP legislature.
GOP Foxconn votes proceed robotically as jobs, revenue estimates fall
* New Foxconn bill version, same environmental rollbacks, records show.
Amended Foxconn bill retains env. waivers, special privileges
* Changing the rules to fit the players.

As WI, GOP change the rules for Foxconn, a reminder
* WI will subsidize Foxconn jobs paying nowhere near family-supporting wages.
WI now talking about <$15-per-hour Foxconn jobs
* Now they're just wishing and hoping.
Witless Walker's farcical Foxconn fix
* The Chicago Sun-Times 'thanks' Walker for pro-Illinois Foxconn plan.
Another bad review for Walker's Foxconn deal
* Now we look for solace to Scott Fitzgerald (!) as Foxconn gets horrible reviews.
Foxconn doubters turn their lonely eyes to...Scott Fitzgerald!
* Foxconn is to get a pass from normal DNR reviews, which is fine with the DNR.
Stepp puts the DNR in on Foxconn env. evasion
* Walker told his Foxconn critics to 'go suck lemons.' Then...
Sucking lemons - - or absorbing buyer's remorse - - for 26 sucking years
* Walker's fake-news Foxconn projects are collapsing.
Foxconn taxpayer projections zoom, payroll benefits plunge
* No surprise that major WI polluting industry. wants env. exemptions.
If Foxconn is exempted from env. oversight, why not CAFOs?
* Who's to say that Foxconn privileges won't be applied statewide?
And if environmental rules and laws are waived for Foxconn...  
* Does Michigan have better deal-makers than Wisconsin? 
Foxconn eyes Michigan for high tech development site
* Water law expert says Foxconn environmental rollback endangers the deal.

Noted water law expert predicts WI officials' Foxconn 'bungle'
* The Walker/WMC tag team.
Foxconn to locate at intersection of Walker and WMC avenues
* Big business laughs off Foxconn project environmental concerns.
Wisconsin Biz lobby sneers at routine Wisconsin conservation guarantee
* Walker never saw a wetland he didn't want filled.
Walker's giveaway Foxconn bill extends his war on wetlands
* Zoo Interchange completion $$ rerouted to another project for Foxconn.
Because the I-94 Vos/Foxconn exit isn't in the Zoo Interchange
* Foxconn process 'open,' says Walker after closed door briefing for GOP caucuses.
Walker opens 'open' Foxconn FavorFest behind closed doors
* Walker, Ryan producing Foxconn political ads.
Walker giveth to Foxconn, taketh for his re-election
* Walker would allow Foxconn 19th century 'environmental' practices.
'Wisconsin Valley' or Wisconsin, Inc. dead zone?
* The Legislature pushed to re-create Wisconsin as Wisconsin, Inc.
Rushed Foxconn special session set for 11 a.m. August 1
* SE WI communities should worry about what Walker wants to do with their budgets, tax collections:
For Foxconn, Walker bets your farm, breaks the bank(s)
* Walker, AG and legislature could give away what's not theirs:
Foxconn favors face WI Constitutional barrier
* GOP Wi Attorney General Brad Schimel weighs in, pre-emptively and rhetorically.
Greenlight for Foxconn in WI AG's Tweet, rhetoric
* Walker to convert Wisconsin to Wisconn without a constitutional convention, and if you don't like it, 'go suck lemons."
Walker to sacrifice DNR, PSC and WisDot integrity for 'Wisconn'
* The cynical pot has his say.
Walker - - Gov. Cynicism - - decries Foxconn 'cynics'
* Walker already has '18 campaign in Foxconn frame.
About Walker's '18 election Foxconn over-under
* In Walker's Wisconsin, some blue-collar jobs are more important than others.
Walker touts Foxconn construction jobs, threw away Amtrak's
* Walker, Trump should become the new champions of Great Lakes preservation and climate change science. 
Great Lakes water lifts Foxconn deal
* About jobs.
3,000 Foxconn jobs would not = 3,776 WI mfg. jobs lost in '16
* Are HB-5 $$-for-visas in the deal?
Are green cards for investment in a Foxconn-WI deal?
* Public dollars needed.
How many WI dollars will Walker give super-wealthy Foxconn?
* When Foxconn stiffed another state.
If you've got Foxconn fever, remember Pennsylvania's hangover
* Vos blocked transit Foxconn workers could have used.
Vos' long transit blockade does not help Racine's Foxconn future
* Walker killed Amtrak service Foxconn might have loved. 
Amtrak line killed by Walker could have fed Foxconn
* Vos has a budget power move.
Vos plays Foxconn card in WI budget fight
*  For quick Japan trip, Walker kept Foxconn secret 
Desperate Walker on 48-hour jobs mission - - to Japan


Tuesday, November 21, 2017

Insiders, experts explain WI GOP's damage to the environment

[Updated posts merged from November 20 and 21, 2017] I asked people in and near the Wisconsin Department of Natural Resources in early 2106 to assess the mood after several years of GOP Gov. Scott Walker's "chamber of commerce mentality" management directive

That post, here, is in the top-ten most downloaded items among 16,000 other items on this blog since it began in February, 2007.

Given the rush of recent Wisconsin legislation and state agency actions that roll back environmental oversight for wetlands, waterways, sand mines, large crop farming and animal feeding operations 
- - and soon for newly-permissible sulfide metal mines.

So I asked a large group of veteran Wisconsin environmental and water experts, conservation advocates, citizen activists, science and environmental writers, and others, to again comment on these important Wisconsin public health, safety, legal and policy issues.

Here is Part One, from Nov. 20th.
From the inside - - "Desperation at all levels of the DNR." 
The past year has really shown me how the GOP is afraid of and caters to their wealthy donors - some of whom aren't even that generous. It was obvious before but this year has been brutal. DNR administrators support any development project regardless of environmental impacts. They are not interested in the environment or public health. If they can't maneuver around the law by bending it, the legislature simply changes the law. 

Rich Republican donors feel free to call up the DNR Secretary and Governor and demand that their projects go through. This puts pressure on legislators and DNR upper management. It has created an atmosphere of desperation at all levels of the DNR.

I have witnessed administrators simply ignoring valid environmental and legal concerns from experienced, competent employees and I have seen administrators ignoring the process for determining environmental hazards when granting permits. It is true that DNR doesn't follow their own processes and skirts the law when possible.

The Secretary's office seems to have a lot of power. And when that power is wielded by an incurious, pro-business person, bad things happen. So far, even in his short tenure, Dan Meyer has proven himself to be the same as Cathy Stepp. 

The only real check on unbridled donor power is the citizen groups and nonprofits who sue. Most of these groups are focused on local problems so it is difficult for the average person to know what damage is being done to other parts of the state.

And let's face it, the Supreme Court of Wisconsin is mostly unsympathetic to the average citizen. The DOJ under Brad Schimel is complicit in twisting the law.

There is a message I would like to send to Wisconsin: Make no mistake, Wisconsin is being sold off piece by piece to rich individuals who own the party currently in the governors office.

And that party is more than willing to promote (for money) the destruction of the environment in order to stay in power. These rich donors (at least the ones I have met) aren't exceptional. They are ridiculously selfish people less worthy and no more intelligent than you. They are stealing your water, polluting your air and compromising your health and wealth. We deserve better. 

Get rid of the politicians who are beholden to and serve these losers. Replace them with people who take your well-being into consideration. You matter. - - DNR staffer

Hold polluter politicians "accountable."
Governor Scott Walker’s administration and the current legislature continue to threaten Wisconsin’s natural resources through bad legislation, an anti-environment state budget, a toothless DNR, and reckless policies designed to dismantle Wisconsin’s renowned reputation for conservation – and let corporate interests run roughshod over the state.
Two of the most recent and egregious attacks include:
  • Sen. Tom Tiffany’s Industrial Acid Mining Bill, SB 395, which will open Wisconsin to America’s most toxic industry, sulfide mining. The bill is waiting to be signed by Walker, and will repeal the Prove It First mining law, paving the way for foreign mining interests to poison our waters, render local ecosystems lifeless, and damage our wildlife populations.
  • Foxconn, a $3 billion tax giveaway to a Taiwanese corporation that won’t have a positive effect for at least 20 years – if ever. Foxconn poses a direct threat to the Great Lakes, our state’s wetlands and rivers, and the quality and abundance of our drinking water. 
These and other recent moves by the Walker administration and the legislature have made it abundantly clear we’re living under a pro-polluter regime that is emboldened by its majority rule. However, those anti-conservation efforts are beginning to show cracks, as evidenced in polling. 

With an election just a year away, the pro-polluter lawmakers will be held accountable in their local communities for the adulteration of our land, air, and water. - -  Wisconsin League of Conservation Voters
On the outside, "it's painful to watch..."
It’s painful to watch Scott Walker in campaign mode, especially if you are old enough to remember that Wisconsin once led the nation in progressive environmental protection, following the lead of Increase Lapham, John Muir, Aldo Leopold, Gaylord Nelson, Lorrie Otto and dozens of others who loved our diverse, beautifully mysterious gift of nature.

In speaking and writing, they proved they were real humans of titanic character,   clear of thought, who expressed their passions for this place, wearing their hearts on their sleeves, leaving an imprint of their values permanently in place for their fellow citizens to emulate.

By contrast, the campaigning Walker is his own invention of a person he is not. The rehearsed smile, the little nod, more like a plastic bobble-head doll than a natural orator, the carefully composed empty sentences that ring with phrases like “keeping your hard-earned money” even when he is scheming to pass another tax cut for his billionaire backers.

Or to ban any public discussion of global warming. Or to further shrink the scientific staff of the Wisconsin Department of Natural Resources. Or to invite gold and copper sulfide mining, which always renders large tracts of land and waterway unusably toxic. Or to try to undermine the gloriously useful Wisconsin Idea. Or to destroy primitive wetlands, prime habitat for wildlife and rare plants. 

When the campaigner Walker speaks, your eyes look through the pathetic plastic invention standing before you on the stage to that group of shadowy figures behind him pulling the strings, the few billionaires from Wisconsin and the Koch brothers, the winking oligarchs who back this drama, his true masters for whom he has staged this sad, little one-act Punch and Judy show. - - Paul G. Hayes, former Science Reporter, The Milwaukee 

From legislators, citizens get "no indication they were listened to." 
My theme this year was how hard so many people worked to let their legislators know how bills would harm their interests and communities with no indication that they were listened to. Some examples:

1.  Legislators keep sticking provisions in legislation for sand fracking which overturn local controls  - - stories here and here.

2. The Foxconn law which gives away public resources by exempting wetlands from regulation, circumvents the law and citizens' rights in [judicial] venue, and requires no Environmental Impact Statement. This is connected to the wetlands' deregulation bill, too; remember State Rep. Adam Jarchow said we should deregulate all wetlands to create an equal playing field with Foxconn. 

3. And the recently proposed bill to remove the air monitor in Sheboygan which signals frequent code orange bad air day alert when pollution travels up Lake Michigan.  This proposal would conveniently do away with any reason to better promote clean air and the method by which the public would know of dangers. This is very serious for people with asthma. Orange is 2nd highest level. The warnings tell people not to play sports outside and warns young and old to stay inside. - - An advocate
The Legislature is "reversing" the Wisconsin Constitution's "Public Trust Doctrine" mandating public water protection
After centuries of developing Wisconsin’s public trust doctrine through statutes and the courts, the Wisconsin Legislature has been reversing course.  To date, the courts have continued to serve their Constitutional role, in the founder’s scheme of separated powers, to interpret the law’s meaning and check the legislature.

The doctrine is grounded in the Wisconsin Constitution:

[T]he river Mississippi and the navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the state as to the citizens of the United States, without any tax, impost or duty therefor. Art. IX, § 1 of the Wis. Constitution.

When Wisconsin became a state and became a trustee of all of the state’s navigable waters, the public trust doctrine protected public uses for commerce, navigation, and fishing.

Starting in the early 1900s, Wisconsin courts developed the common law (that is judge made law) to reflect the importance of water in people’s lives, and recognized the public trust doctrine protected more non-consumptive uses of water, such as many forms of recreation.

Today that recreation, of course, is big business in Wisconsin and built on clean and abundant water.  The only Great Lakes state supreme court to address the issue, Michigan, recently held the protected public uses include walking on the beaches of the Great Lakes.  

The Wisconsin Supreme Court’s opinion in Lake Beulah Management District v. Wisconsin Department of Natural Resources, logically expanded the public trust doctrine by applying it to groundwater hydrologically-connected to navigable waters.

After this, the court ruled in Rock-Koshkonong Lake District v. Department of Natural Resources, and some commentators have misinterpreted that decision as the state’s highest court reversing their long embrace of the public trust doctrine. 

In fact, the court ruled on other grounds and their opining on the public trust doctrine was dicta (unnecessary for the decision and carrying no precedential weight). 

In recent years, however, public uses of the state’s water have been threatened by the Wisconsin legislature. Most recently, with the special legislation for Foxconn, exempting the company and any others that locate in the new tech zone from following a variety of state water laws designed to protect the public’s uses of water.  

However, if the courts perform the function the founders designed them to serve, they will continue to closely scrutinize the Legislature’s actions to determine whether the statutes they pass are constitutional and do not substantially impair the public interest in the state’s shared water wealth.

This was recently on display in Dane County when the Circuit Court in Clean Wisconsin, et al. v. DNR (Oct 11, 2017)when the court vacated the DNR’s approvals of several high capacity well permits for wells that would damage public trust waters. 

During the course of this litigation, the DNR indicated that the Wisconsin Supreme Court “got [it] wrong,” which the Circuit Court noted disapprovingly, since it is a serious misreading of the power of the agency to think its role is to say what the law is and ignore the Supreme Court’s binding decisions: that power resides in the courts alone.

Parroting Great Lakes Legal Foundation arguments the Wisconsin Supreme Court had previously soundly rejected, the DNR claimed the public trust doctrine did not apply to protecting water levels, the DNR could only consider impacts enumerated in the high capacity well statute, and the DNR could not consider cumulative impacts with high capacity wells.

The court held the DNR misinterpreted the law on all counts. Because the court is bound to follow the precedent of the Wisconsin Supreme Court, it further held the public trust doctrine places an affirmative duty on the DNR to act to protect the state’s shared waters.

Now we need the political branches to heed the court’s interpretation and do their jobs as trustees. - - An advocate 
The DNR is behaving like a developer's "private contractor."
Friends of the Black River Forest, (FBRF), has followed the DNR for four years as it has worked to smooth the regulatory path for the Kohler Company’s proposed golf course on the shore of Lake Michigan adjacent to Kohler Andrae State Park. 

The DNR has been tasked with justifying the damage to rare wetlands and the giveaway of our state park land to the Kohler Company by former Secretary Cathy Stepp. 

The DNR continues to use primarily Kohler provided information to write its Environmental Impact Statements. It has resorted to Skype weekly meetings on the Kohler project to avoid records’ requests. It has presented public information forums that mislead the public as to what work is being done for Kohler. 

The DNR has asked its oversight body - - Wisconsin Natural Resources Board - - to proceed with the process of amending the Kohler Andrae Master Plan so Kohler can use and impact up to 20 acres of our park land with the construction of a main entrance rotary, a road to the golf course and 24,000 sq ft. of maintenance buildings.

The DNR presented only Kohler’s preferred option to the Board. The DNR is presenting an application for Kohler to the National Park Service asking for land purchased with federal funds to be converted to private land for Kohler’s use. 

Again, the DNR presented only Kohler’s preferred plan rather than the option of Kohler using its own land. FBRF continues to challenge the DNR’s inaccurate and incomplete information. 

We challenge the DNR’s working as Kohler’s private contractor. FBRF has records showing Scott Walker’s office working with the Kohler Company to influence the annexation of State Park, Town of Wilson and Kohler lands to the City of Sheboygan so Kohler would not have to follow Wilson’s requirement of environmental impact evaluation. 

The DNR has become an arm of businesses and has not taken steps to protect our park land or our natural resources. We continue to gather supporters who will stand up to this Governor, legislators and DNR management to take back control of our resources. - - Friends of the Black River Forest
The Legislature is attacking environmental protections in Wisconsin "at a stunning rate."
The majority in the Legislature is attacking environmental protections at a stunning rate.

Just last year, not content to pass sweeping legislation to try and limit the DNR's regulatory authority, the Legislature requested an attorney general's opinion to reinforce their edict that DNR could not impose conditions when permitting high capacity wells. Clean Wisconsin challenged nine well permits that were issued after the AG's opinion, for proposed wells that DNR's own scientists found would have significant impacts on nearby water bodies.

The DNR's attorney argued at the hearing that Wisconsin Supreme Court justices who unanimously held (in the Lake Beulah case) that the Public Trust Doctrine requires DNR to consider environmental impacts of high capacity wells "got it wrong."

The Dane County judge asked (rather incredulously) whether she was then supposed to ignore the Supreme Court? DNR's attorney said yes, and went on to state that DNR has no authority to regulate the waters of the state, only "access" to those waters. (He didn't say how DNR would manage "access" to rivers and lakes that had dried up due to over pumping of groundwater.)

Clean Wisconsin won in circuit court, but that won't be the end of it. - - An Advocate
Like water, Wisconsin wildlife - - another public trust - - in "ongoing decline."
Like our Wisconsin water resources, our state’s wildlife—deer, birds, and predators alike—are held in trust for current and future generations of Wisconsin citizens. But, regrettably, the last few years has shown an ongoing decline in regulatory oversight over our wildlife, placing this invaluable resource in jeopardy and creating public safety and health risks to the public at large.

While the elimination of Wisconsin DNR’s Science Services Bureau speaks volumes in and of itself, the state’s de-prioritization of science bodes particularly poorly for wildlife management and complies with a harmful trend toward increased deregulation as highlighted below.

Wisconsin’s Deer Herd and Chronic Wasting Disease (CWD): 

As well reported, it is evident that Walker’s DNR and Wisconsin’s legislative leadership have demonstrated a remarkable lack of will to combat the spread of CWD, in particular, the will to protect the state’s wild deer population in any manner at odds with business interests of the captive deer farm lobby.

Rather than taking a proactive approach with respect to CWD-infested deer farms or following the lead of Michigan and Illinois’ wildlife agencies, Wisconsin’s DNR has been aptly characterized as a “mute, powerless observer” in the face of the CWD threat. 

Even regulation as basic as CWD monitoring has precipitously declined; compared to more than 40,000 deer tested in 2002, 6,129 deer were tested in the 2016 hunt - - resources, here and here and here

Reduced Regulation of Bear Baiting and Hounding: 

Owing to reduced DNR oversight and regulation of bear hunting--particularly bear hound training--the state’s northern landscape of national and state forests and public lands is overrun from July through October with untold numbers of hound hunters, many of whom are out-of-staters who migrate here for the summer from the South to train large packs of GPS-collared free roaming hounds to pursue bears and their cubs (for hours on end in the heat of summer).

Worse, with the elimination of the Class B training license requirement in 2015, the DNR has no way to know how many such hound-hunters or bear hounds are present on Wisconsin’s public lands or how they are conducting themselves.

Similarly, the DNR concedes that it has no idea how many millions of gallons of bear bait—comprised of any number of foods, including fryer fat, marshmallows, donuts, even chocolate—are placed on public lands and near trails and campsites by bear hunters in advance of the hunting season. 

What people do know, when they attempt to access trail heads on public lands and parks, is that baiting stations, like mini-garbage piles, pose obvious safety concerns given their attraction to predators.  

Resources here and here.

Expanded Hunting and Trapping on Multi-Use State Lands and State Parks:  

Notwithstanding Wisconsin DNR’s promotion of state lands as “family & pet friendly,” the reality couldn’t be farther from the truth. There’s no denying that over the past several years, there has been a dramatic shift to expanding hunting on state lands. Currently 97-98% of DNR properties are open to hunting and trapping, added to the 5 million acres of huntable federal and county property.

The controversial state law enacted in 2012, known as the Hunting Heritage Bill (Act 168), which opened State Parks to hunting and trapping, together with DNR’s authorization of year-round 24/7 (day and night) coyote hunting have created a state landscape in which very few places remain where Wisconsin families can enjoy nature on public lands without risk that they or their pets will be shot or injured in a trap. 

Case in point, Wisconsin DNR’s ongoing failure to prohibit nighttime coyote hunting consistent with public safety considerations and the agency’s bar on nighttime deer and bear hunting led to last year’s tragic events involving Madison area veterinarian, Deanna Clark, DVM, whose two dogs were shot and killed by a coyote hunter on a public multi-use nature reserve in Dane County.

Dr. Clark had taken every possible safety precaution, outfitting her dogs with orange reflective vests and wearing a headlamp of her own. 

Yet her precautions were to no avail given the utter absence of restrictions for coyote hunting in Wisconsin, placing Wisconsin families and their pets in peril and unfairly limiting public access to state lands. 

Wisconsin Wolf Management:

To close with a worrisome look ahead, this past week a bill was circulated by Wisconsin legislators Senator Tiffany and Representative Jarchow, LRB 3737/1, which would make it illegal for Wisconsin law enforcement officials to enforce state or federal law relating to management of wolves in Wisconsin. Yes, this is an outright promotion of illegal poaching and sedition, so stay tuned on this one. - - An advocate
Wisconsin's lost commons
After the GOP takeover of Wisconsin nearly seven years ago, our once-proudly progressive state has sacrificed its public trust obligations to ensure environmental protection, public education, transparent government, corruption-free elections and resource management for the common good. 

The takeover included the governor’s chair and both houses of the state legislature; they used that majority to gerrymander state electoral districts and ensure a Republican majority for a long time. 

And the State Supreme Court turned overwhelmingly conservative - - the new justices owing their elections to heavy spending by both in-and out-of-state business. 

The gloves were off.

Combined with drastic cuts in the Department of Natural Resources budget, staff and enforcement authority, state government began chipping away at the principles of the Public Trust, including the idea of a ‘commons.’

Big Business was prioritized over small business, environmental protections and individuals, Big Ag over family farms, private schools over public schools, development over wetlands and endangered species, bear and wolf hunting over established science, CAFOs over groundwater protection, and for-profit privatization over previously public services.

We were used to a Wisconsin Department of Transportation process that ignored public comments and dismissed legitimate concerns, but we expected better treatment and fair hearings at the Wisconsin DNR, where public input was sometimes actually heard and acted on. We expected to have continued citizen input on significant legislation. 

We were wrong.

Like the slowly boiling pot of water which kills the frog, changes were gradual and scattered over many venues: 

Citizen comments reduced from five minutes to three, decisions made before public input was considered, rules changed at the last minute, legislation drafted by lobbyists and special interests that would directly benefit from it, controversial legislation passed in the middle of the night, cameras and recording devices disallowed in legislative chambers (even as legislators were permitted to bring guns into the Capitol), rumors were passed about projects being “a done deal” or “this is going to happen” to discourage opposition, hearings where citizens were mocked or discredited by the legislators holding the hearing, protesters arrested. 

It became a government run amok, listening to and representing only itself, lobbyists and Big Dark Money to whom it is beholden.

What happened to Wisconsin’s Public Trust doctrine and the ideal of the commons? - - Laurie Longtine, citizen advocate for the commons
Part two, from November 21st.
2018, an election year in Wisconsin, can be The Year of Winning Clean Water if people vote out the polluters. 

Which is why as 2017 is ending, I'm posting the second and final part of a series which began on this blog Monday organized around commentary and observation from advocates, experts and insiders exposing the sustained attacks by Republican politicians and state officials who choose to serve special interests and donors.

One activist noted in yesterday's installment that Wisconsin had become "a government run amok," and asked "what happened to Wisconsin's Public Trust Doctrine and the ideal of the commons?"

And a DNR staffer, separately, provided an answer: 
"Make no mistake, Wisconsin is being sold off piece by piece to rich individuals who... are stealing your water, polluting your air and compromising your health and wealth." 
So I'll start part two of this short series with a call for citizen action which is certainly timely, given:

*  The scheduling by the DNR of multiple permitting hearings on behalf of five big dairy cattle feeding/manure-producing operations in Kewaunee County - - the very county where so many wells are contaminated with agricultural runoff that the DNR has offered to give away bottled water.

*  Another officially reported large net increase in the number of waterways in Wisconsin declared impaired by pollutants;

*  Fresh movement at the local level to protect lakes, rivers and streams as acidic mining for metals in Wisconsin will soon begin anew at the behest of GOP politicians in thrall to out-of-state mining companies;

*  Hearings on November 30th in Sheboygan where a Walker donor is close to being allowed by the DNR to fill wetlands, bulldoze exceptional dunes and cut many acres of woodland in a nature preserve to construct a Lake Michigan shoreline golf course - - and be given exclusive use of state park land for road, building, parking, equipment storage and other private, non-park purposes.

The heart of today's installment is a detailed assessment and look forward by Todd Ambs, the former top administrator at the DMR's Water Division when the DNR had a stand-alone Water Division.

And which helped drive an authentic science, health and safety mission by a nationally recognized public trust agency that was far different from the 'chamber of commerce mentality' department that Walker has remade and wrecked.

Finally, the last word in this two-part series goes to the long-time prolific outdoors water and wordsmith Bill Stokes. 
"People want our natural treasures to be available for all."
From the Foxconn giveaway, to eliminating protections from mining pollution, to granting industry unlimited access to groundwater in the central sands, the story is the same. 

The Walker administration and allies in the legislature are working diligently to privatize natural resources: water, public lands, wetlands, all of it. They are chipping away at bedrock principles like the Public Trust Doctrine for the sole benefit of corporate special interests. 

It mirrors efforts taking place on a national and global scale and there is only one way out: people need to find the energy and courage to take on special interests. Attend hearings, contact legislators, enlist local business that rely on clean water and a healthy environment to advocate for common sense protections. 

I’m optimistic given the energy and determination we’re seeing across the state from across the political spectrum. People want our natural treasures to remain available for all — not just the wealthy few. It is past time we demand it. - - Raj Shukla, Executive Director, River Alliance of Wisconsin
As the former Water Division Administrator for the Wisconsin DNR, I have watched with sorrow and dismay as the Wisconsin Legislature and the Walker Administration have dramatically reduced protections for the waters of our state – waters that are held in trust for all of us.

From passing a bill that actually prohibits the department from taking actions to protect public drinking water supplies to administrative actions in the department that have decimated the commitment to integrated water resource management, each action has been taken with a disregard for protecting the resource and a laser focus on making it easier for the regulated permit holders to conduct business without regard to the environment.

The latest legislative proposal to remove state protections for one million acres of wetlands in the state, ignores a basic fact. The economy is a wholly owned subsidiary of the environment. The third largest industry in Wisconsin is tourism. 

It sustains much of the state but in particular, the northern third of Wisconsin. We have world class resources in this state. On the water ledger alone, we find 15,000 lakes, 84,000 miles of rivers and streams, 5.3 million acres of wetlands and 1100 miles of Great Lakes shoreline. 

We have groundwater resources that are the envy of much of the world, let alone the nation, although they are not evenly distributed and in short supply in some areas. 

We have water resources that have historically provided the foundation for the tourism industry and a strong quality of life for the rest of the workforce in the state, because we had world class protections for these world class resources.

All of those protections and in turn, this economic driver for the state, are under continuing assault. 

For many years, the mission of the Water Division, which doesn’t even exist anymore, was four-fold:

* Fully enforce the Clean Water Act
* Uphold the Public Trust Doctrine
* Protect Drinking and Groundwater Supplies
* Maintain Outstanding Fisheries

Objectives and strategies were developed around those goals. Progress was measured against those priorities. We weren’t always successful and it wasn’t always as integrated and efficient as we aspired to be, but we knew what we were trying to achieve. 

So what is this DNR trying to achieve for the water resources of our state? I have seen no evidence of a natural resource based mission anymore. 

Yes, the DNR should always be working to issue permits in an efficient and timely manner. 

But if the driving force behind those permits is simply to issue them as fast as possible, then just move the whole operation to the Department of Regulations and Licensing and skip the pretense of natural resource protection. 

Finally, as many people have already pointed out, the real issue here may well be the sheer lack of resources to do the job. 

Perhaps we should start with funding. Our neighbors in Minnesota raised their sales tax through a state referendum. Voters overwhelmingly approved a tax that generates nearly $200 million a year for clean water, parks, and wildlife.

Why not something similar here? If users are supposed to fully fund activities they desire, such as the recent decision to fund state parks only through fees, then we should look to raise other fees as well.  

Some candidates should include:

* Waste water permits – these fees have not been raised since the 1990’s.

* High capacity well permits – last raised in 2004. 

* Permits for Concentrated Animal Feeding Operations – fees for CAFO’s were last adjusted when we had a total of 40 of these large animal raising operations. We now have nearly 300 and have roughly the same number of staff to review and approve permits and make sure that these farms are operating in accordance with those permits.

The stakes here are high, not just for our natural resources but for our economy as well. Make no mistake. Each time we eliminate a protection for our natural capital, our resources, we reduce the ability to sustain our economic well-being as well. - - Todd L. Ambs was the Water Division Administrator in the Wisconsin Department of Natural Resources from 2003-2010.
"I and my fellow Wisconsinites try to do our best."
If you are fortunate enough to live a long life in Wisconsin, you recognize a sense of pride that is as much a part of your make up as your old bones and joints. And like those aging physical parts that continue to serve, the Wisconsin sense of pride also continues to do its job.

It doesn’t make a lot of noise: it doesn’t have to. It is just there as something to feel good about. Its message, more or less, is: I am part of something that in the chaotic scheme of things, where it is incumbent on homo sapiens to live as harmoniously and respectfully as possible with the other life forms and to avoid fouling the collective nest, I and my fellow Wisconsinites try to do our best.

Then comes an assault on that sacred Wisconsin pride.


Who could ever imagine a state leadership focused on money as opposed to morals and one that is seemingly ignorant of what it really means to be a Badger in a place that truly defines natural beauty?  It is like a Pearl Harbor sneak attack with the bombers fueled by outside money and flown by pilots-for-hire under the leadership of a professional con man.

Anger consumes energy, and when you are old you need to be careful about such things. So you try to get past it as you watch the unimaginable chipping away at the things that go to make up the Wisconsin pride, dumb, inconsiderate things that were once only the grumbling of bar-room loud mouths as the strength of the Wisconsin pride allowed the populace to ignore such drivel.

And then it comes to you: the eternal comforting phrase of the optimist: this too shall pass!.

Of course it will pass. But it will take some effort on the part of the pride protectors to get it done. And the Wisconsin pride will have scars, some of them deep, but not fatal. - - Bill Stokes, former newspaper reporter, outdoor writer, columnist and author of several books, 
including Trout Friends and Other Riff-Raff 
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