Can't the Department of Justice or Private Attorneys 
Do What the Intervenors Did?

 
Wisconsin Department of Justice (DOJ) lawyers and private lawyers don't do what the Public Intervenor Office did, and cannot challenge unconstitutional laws.  In court, DOJ lawyers are required to represent and defend the DNR and other agencies the Intervenors occasionally sued.  Private attorneys represent the interests of their private clients and generally do not represent "public rights." 

The Public Intervenor represented "public rights" in the state's natural resources.  These rights are not represented now that the office is abolished, because most citizens lack the technical knowledge, the inside legal or political knowledge of the “system,” the time, or the resources necessary to file lawsuits, watchdog agencies, or stand up to powerful special interests. 

For example, if the only public boat or fishing access point were closed on a Wisconsin lake, most citizens wouldn’t realize that this violated the Public Trust Doctrine, nor would they generally know which government agency is responsible for enforcing the Doctrine, or under which statutes or codes.  If the agency refused to act on the violation, the citizens might lack the money or knowledge to stop it.  Public rights would not be defended.

As another example, if the state decided to waive the solid waste rules or risk violations of water quality standards in order to allow a potentially damaging new development, this could impact public rights to clean water.  Most citizens would find it technically difficult and costly to fight both the government and corporate lawyers in court.  Public rights would not be defended.

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