Form letter sent to a constituent, on state letterhead, from Tommy G. Thompson, Governor, State of Wisconsin.

Dear __________________,

Thank you for taking the time to write, and for sharing your thoughts with me regarding items contained in my 1995-97 biennial budget proposal.

Your letter mentions the Office of the Public Intervenor.  My administration was confronted with the task of devising a plan for the state to assume two-thirds of public school operating costs without raising income or sales taxes.  In order to accomplish this goal, we had to look closely at every state agency and program and consider the elimination of all non-essential state spending.  As a result, the 1995-97 biennial budget would eliminate the Office of the Public Intervenor.

The Office of the Public Intervenor was created in 1969 to protect public rights in cases involving our state’s air, water and soil resources.  Over the last 25 years, however, there have been numerous laws enacted at both the state and federal levels aimed at protecting these very rights.  These laws include the federal Safe Drinking Water Act, Resources Conservation and Recovery Act, Toxic Substances Control Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendments and Reauthorization Act, Coastal Zone Amendment Reauthorization Act, Clean Water Act and Clean Air Act.  At the state level, we have adopted the Nonpoint Source Water Pollution Abatement Grant Program, Groundwater Protection Program, Solid Waste Recycling and Reduction Program, Shoreland Management Program, Land Recycling Program, and our own Clean Air and Clean Water Programs. The legal landscape has changed dramatically since the Public Intervenor’s Office was created over a quarter of a century ago.

However, people will continue to have environmental problems which need specific attention.  The Departments of Justice and Natural Resources, the Office of the Governor and individual legislative offices all currently work on cases aimed at addressing the concerns of Wisconsin citizens with regard to natural resources related problems.

In addition to the aforementioned statutory environmental protections which are now afforded the residents of Wisconsin, one must consider the costs to the citizens of our state brought about by the action of the Intervenor’s office.  A prime example is the Renard Isle Confined Disposal Facility located in Green Bay.

Over time, the Port of Green Bay begins to fill with sediment.  This can make it more difficult or impossible for ship traffic to get into and out of the port.  This sediment must be dredged periodically in order to allow commercial shipping to continue.  However, this sediment is contaminated with PCB’s and must be disposed of in a confined hazardous waste disposal facility, such as Renard Island. [See note #1 below]

Renard Island is currently filled to its capacity, and must be expanded if it is to take additional contaminated sediment from the port area.  The U.S. Army Corps of Engineers had $15 million available in its budget for the purpose of this expansion project.  However, because the Public Intervenor challenged the Army Corps and DNR permits necessary to allow the extension, the project has been tied up in the courts and the Corps money is no longer available.  Once the permits are finally approved, the state, the City of Green Bay, Brown County and the companies which depend on the port for shipping will have to come up with the $15 million from some other means.  In addition, hundreds of thousands of dollars have been spent in court costs by the state, the city and the county to fight the Intervenor on this matter. [See note #1 below]

Finally, the head of DOA’s Division of Hearings and Appeals reports the Public Intervenor’s Office has not appeared in a case before a state hearing examiner for the past five years.  Obviously, they are not carrying out their original mission of protecting public rights involving the state’s natural resources. [See note #2 below]

Again, thank you for taking the time to write.  I hope this information provides you with some insight into my decision making with regard to these very important issues.

Sincerely,
Tommy G. Thompson
Governor
TGT/dkd
 

[Note #1:  The Army Corps of Engineers did not withdraw their offer to fund this project, they merely threatened it (repeatedly).  Two weeks after the Intervenors Office was abolished, the DNR reissued permits to expand the toxic sludge dump called Kidney Island, or Renard Isle in the waters of Green Bay --- which the Intervenors had blocked in court in1988 (because the permit could cause a violation of Wisconsin’s water quality standards.)  In 1995, because the Intervenors were gone, private citizens in Green Bay were forced to research the old Intervenors case, follow their example, and spend nearly $50,000 of their own private money and time in order to protect public rights and enforce state law, by fighting and blocking the reissued permit in court again. 

The state wasted an enormous amount of taxpayer money fighting a losing battle which they wouldn’t have dared try if the Intervenors still existed.   Local citizens had to face the enormous burden of fighting against their own government because local public officials refused to abide by state law, or to hold public hearings or listen to citizen concerns.  Thousands of local citizens objected to this dump expansion offshore from Bay Beach Park.  In addition, the port has not closed because they lost this case.  The County has found alternative disposal methods.]

[Note #2:  During those 5 years, the Intervenors had many cases active in the regular Wisconsin court system, and even won a federal case before the United States Supreme Court, a major accomplishment for public rights.  It’s irrelevant that they happened to not have any “contested cases” in the administrative court system during this time period, and this was certainly not a fair measure of the Office’s total effectiveness or workload.  Please see the sections on “Background,” “Accomplishments,” and “Services” of the Intervenors.]

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