Because the Public
Intervenor Office was small and had limited staff time and resources, legal
cases and other major initiatives had to be picked carefully. The
Citizen Advisory Committee held many long discussions with the Intervenors
before deciding to get involved in specific issues, and tried to follow
these guidelines:
-
Program Priorities --- Does the matter fall within one of the priority
areas established for the Public Intervenor Office by the Committee?
-
Advocacy Need --- Will public rights go unrepresented due to lack of adequate
environmental advocacy? If the Public Intervenor is not involved?
-
Available Resources --- Does the Public Intervenor have, or can it muster,
the resources necessary to intervene effectively?
-
Quality of the Resources Threatened --- Does the issue involve an irrevocable
threat to an important or especially sensitive natural resource?
-
Statewide Significance --- Does the issue involve a situation that is representative
of a general or statewide problem?
-
Precedent-Setting --- Is this an opportunity to establish a judicial, legislative,
or administrative precedent --- either of policy or enforcement --- favorable
to “public rights?”
-
Likelihood of Success --- Is there a reasonable likelihood of success upon
intervention?
-
Environmental Advocacy Enhancement --- Will intervention enhance the cause
of environmental protection and advocacy?
Workload Choices
The Citizen Advisory Committee held many long soul-searching discussions
with the Intervenors, as they tried to allocate the slim resources of the
small Public Intervenor Office. The following are some of the factors
they had to weigh. The bottom line was to choose a strategy most
effective in protecting public rights in the waters and natural resources
of Wisconsin. Keep in mind that devoting more resources in one area
required devoting less in another.
-
Offense or Defense - Is now the time to prioritize a proactive or reactive
environmental agenda with respect to legislation, litigation, rulemaking,
or other means of advocacy discussed below, respectively?
-
Federal, State or Local - Where will the action be and at what levels of
government should we be participating?
-
Regulation vs. Conservation - What should be the role of command-and-control
regulation vs. self-administration and reporting, financial incentives
or disincentives, or voluntary conservation/preservation programs (e.g.,
stewardship, farmland preservation, local “adopt a resource”)?
-
Legislation - Should it be anticipated that legislation will require more
or less time allocation by the PI than previously?
-
Rulemaking - Should the PI devote more or less time to this form of policymaking?
-
Litigation - Should the PI initiate or look for increased opportunities
to participate in administrative or judicial litigation, e.g., contested
cases, judicial reviews or as amicus?
-
Education/Media - Should the PI be more or less active in media or other
forums as a means of environmental education and advocacy?
-
Community Organizing - Should the PI devote more or less resources to helping
citizens affect local environmental decisions, such as becoming more expert
in local zoning and regulatory process, creating how-to manuals, coordinating
with groups, and training interns in local government law?
-
Coalition Building - Is now a better time to work on coalition building
with traditional and not-so-traditional allies to strengthen potential
for environmental protection in the more distant future? Should there
be more or less outreach to traditionally antagonistic or environmentally
neutral representatives?
-
Committee Participation - How should we continue to deal with invitations
to participate on agency or legislative “committees” with respect to priority
and non-priority issues, respectively?
- more about
the Public Intervenor -
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