DNR Takeover and Intervenor Loss
As part of the 1995 Budget, with little opportunity for public awareness or input, a party line vote in the legislature gave Governor Thompson direct control over the DNR Secretary, and the ability to appoint top-level DNR administrators. In essence, this turned the DNR into a partisan agency, controlled by the party in power.
Previously, the Secretary had answered to an independent 7-member citizen committee called the Natural Resources Board. The citizens were appointed to 6 year staggered terms by the Governor, but once appointed, they could make independent decisions. The old system allowed some political influence, but usually the Board was a mix of people appointed by different governors and were more insulated from daily political pressures.
Now, the Governor is directly involved in the DNR's everyday activities, and it shows. For example, the Governor has used the DNR Secretary at political campaign fundraising events, and to pressure Wisconsin tribes in negotiating their gaming compacts, tasks which are clearly not his job.
Also in 1995, Gov. Thompson used the budget process to eliminate the Wisconsin Public Intervenor Office, which had two attorneys advocating for public rights in the natural resources of Wisconsin. The Intervenors were watchdogs over state and federal agencies to ensure compliance with environmental laws. For 26 years, thousands of citizens, even legislators, received experienced consultation and referrals through the Intervenors. Now, citizens have no public source of legal advice or assistance for environmental issues.
Most citizens or groups can't afford private legal fees. Most private attorneys lack the political stature, experience, and connections which the Intervenors had. The Attorney General can't do the Intervenor's job, because the AG is required to defend the DNR. Only the Intervenors represented true "public rights" in the legal sense. Meanwhile, powerful corporations, wealthy individuals, and government bureaucrats are free to use their political power, and their large financial and legal staff resources against public interests.
It's important to recognize that lawsuits were not the main activity of the Intervenors. The Intervenors often brought opponents together to negotiate reasonable compromises. They provided legal and technical comments on proposed regulations. Just their presence prevented many bad proposals from surfacing.
Since the Intervenor Office closed, we've seen major increases in bad rule revisions and permit decisions at the DNR and other government agencies -- but citizens lack the money, time and technical or legal knowledge to challenge these rapid changes.
Downsized, Politicized, Disorganized, Demoralized
The DNR has been drasticly reorganized, beginning with the 1995 Budget
The shuffling of personnel cost 450 people their jobs, and relocated many
of the remaining 3,037 employees of the department. Many mid-level
program supervisory positions were cut, eliminating the DNR's most experienced
staff within specialty areas. These people were shifted to different
jobs, in charge of issues new to them. Meanwhile, in their old
departments, less-experienced staff had to work without clear leadership,
and without benefit of old-timers' knowledge and experience.
Many files were also moved, to unfamiliar locations. At the same
time, many field operations and support budgets were cut --- at a time
when Wisconsin's population and business growth has increased the need
for careful environmental regulation. The reorganization itself cost
millions, and led to many more program reductions. Many of the DNR's
best staff left the agency because of frustration.
It is symptomatic that the Governor and his Secretary now refer to the DNR offices as "Customer Service Centers" and refer to polluting industries as "clients" or "customers."
Political Appointments and Cuts in Enforcement
When Governor Thompson took control of the DNR in 1995, he made appointments of political friends to key positions in DNR. One of the worst was David Meier, who previously worked as a Thompson aide, and in the Wisconsin Department of Transportation (DOT).
Thompson made Meier the Administrator of DNR's Division of Enforcement
and Science, one of the most powerful DNR staff positions, though he had
little experience and was unsuited to this job. In fact, when he
worked at DOT, he was involved in efforts to exempt DOT from the Wisconsin
Environmental Policy Act and
environmental impact studies. And under Meier, the DOT tried
to get an exemption from the endangered species law. Mr. Meier got
his jobs without competition against qualified public servants with years
of experience. While at DOT, he was only a "Limited Term Employee."
As DNR Administrator, Mr. Meier oversees highly sensitive issues, including sign-off on Environmental Impact Statements, endangered species, the Rio Algom Mine, and all enforcement actions by DNR. He also oversees research, environmental analysis, and review.
Not surprisingly, DNR law enforcement dropped significantly after Maier's appointment. The number of cases DNR has referred to the Department of Justice for prosecution dropped from 165 and 170 total cases in 1995 and 1996, to only 92 cases in 1997. In addition, the records show polluting industries are much less likely to legally challenge the strictness of their permits. These cases dropped by half. This suggests that new pollution discharge permits are weaker and polluters are more satisfied with their permits.
We've been told by several sources within DNR that DNR staff are so demoralized by the lack of enforcement, they no longer bother to gather evidence of violations to help build cases. They know it probably won't be used for proper enforcement.
Examples of Political Influence
Five DNR Watch reports have been issued by the Natural Resource Accountability Project to document political influence over DNR decision-making. The 6th report was a review of last year's state budget.
Report #1 --- Toxic River Pollution --- Gov. Thompson is fighting against holding paper companies accountable to clean up the PCB contaminated sediments in the Fox River and Green Bay --- one of the worst toxic hotspots in the United States and a major health threat to people and wildlife. Under 14 years of influence from the Thompson Administration, the DNR has made little progress on the issue. In 1995, just when the Public Intervenors Office was about to become involved in this issue, the Governor eliminated the office. In 1997, the Governor maneuvered the DNR into a damaging pro-industry contract with the paper industry, undermining federal Superfund and Natural Resource Damage Assessment cases to clean up the river. Even now, the contract continues to seriously weaken the DNR's enforcement of an appropriate state clean up. Between 1991 and 1997, Gov. Thompson received more than $2,933,828 in campaign contributions from the paper industry and their associates.
Report #2 --- Shoreland Losses --- After intense pressure from a local politician who is a strong Gov. Thompson ally, and who co-chairs the legislature's Joint Finance Committee, DNR Secy. Meyer reversed staff recommendations and cancelled a legal enforcement action against a wealthy home builder in Brown County who DNR staff had determined to have violated Wisconsin's shoreland zoning variance. Instead of making a fair decision based on the law and sound science, the DNR was forced to circumvent proper procedures on the basis of political pressure.
Report #3 --- Sulfide Mining Pollution --- This report cited multiple examples of the DNR's favoritism towards the metallic sulfide mining industry, with the DNR repeatedly bending rules, circumventing established legal procedures, and discounting citizen concerns. Between 1991 and 1997, Gov. Thompson received more than $600,000 in campaign contributions from special interests tied to the mining industry.
Report #4 --- Public Access and Shoreland Losses --- Between 1995 and 1999, the DNR administration blatantly overrode staff findings. They allowed significant wetland and other habitat losses, and ignored clear shoreland zoning and public access violations created by the construction of the Whistling Straits Golf Course in Sheboygan County. Special interests tied to the Kohler Company, which built the golf course, donated $83,711 to the Governor's and legislative election campaigns between 1990 and 1998, and were also major donors to national Republican campaigns at a time when Gov. Thompson considered running for national office.
Report #5 --- Cranberries and Wetland
Losses --- Cranberry operations account for more natural wetland
losses than any other activity in Wisconsin, and they receive unusual environmental
exemptions under Wisconsin law. To make matters worse, under Gov.
Thompson, the DNR recently granted the cranberry industry additional special
treatment under wetland protection laws despite overwhelming public opposition.
Between 1991 and 1998, campaign contributions from this industry totalled
at least $113,169, with 75% contributed to Gov. Thompson's campaigns specifically.