The five groups, Wisconsin Wetlands Association, Sierra Club-John Muir Chapter, the River Alliance of Wisconsin, 1000 Friends of Wisconsin and Wisconsin's Environmental Decade, say the exemptions represent "private  bills" that cannot legally be included in a state budget bill, according to the Wisconsin Constitution.

"These actions violate core democratic principles upon which this state and country were founded.  The private bill prohibition language is part of the constitution for just this reason - so that some special interest cannot bury a pet project on page 542 of the state budget.  The actions taken blatantly disregard the normal process that regulates wetland filling in Wisconsin," stated Charlie Luthin, executive director of Wisconsin Wetlands Association, a statewide non-profit organization that is devoted to protecting wetlands.

A 14-acre wetland owned by Ashley Furniture Industries adjacent to the Trempealeau River near the city of Arcadia (Trempealeau County) and a 4.2-acre portion of a 16-acre wetland associated with Stout Technology Park in the city of Menomonie (Dunn County) are targeted for filling.  Normally a person or company interested in filling a wetland must file an application with the Department of Natural Resources requesting permission.  Field personnel then review the application to determine the extent and quality of wetlands being impacted, whether alternatives exist and whether it will have adverse impacts on water quality.  The budget bill exemptions bypass the state regulatory process entirely.

"Everyone concerned about good government should be concerned about these exemptions.  Nobody debated the merits of these proposals, argued for them in the light of day or made a case to the citizens of this state about why these actions are necessary, " stated River Alliance of Wisconsin executive director Todd Ambs.  "If we allow this to happen, we will open a real Pandora's Box for someone to try similar shenanigans in the next budget to avoid everything from state health codes, workplace safety or other environmental protections."

The Wisconsin Department of Natural Resources (DNR) has concerns about both wetland fill projects, according to documents obtained from the agency.  The DNR has consistently maintained that the proposed Ashley Furniture Industries fill site consists of "high quality wetlands" and ndicated that the agency would likely not issue a permit for the project if Ashley formally sought one.  Ashley has never formally made an application to fill the wetland.  In a report and assessment of the Stout Technology Park site, the DNR found that filling these 4.2 acres would actually have adverse impacts on a total of 16 acres of high quality functional wetlands.

Caryl Terrell of the John Muir Chapter of the Sierra Club noted, "The Governor made such a big deal about vetoing lottery tax provisions because they might be unconstitutional.  But here are two clearly unconstitutional provisions that he is ignoring.  This is the height of hypocrisy."

The lawsuit seeks to prohibit the exemptions that would allow the filling of these wetlands because these actions represent "private bills" that annot be legally included in a state budget bill according to Article 4, ection 18 of the Wisconsin Constitution.  The suit also asks for a temporary injunction to prevent Ashley Furniture Industries from filling the wetlands on their property while the lawsuit is pending.

"If these unconstitutional statutory exemptions are allowed to stand, they will set a dangerous precedent for all future land use decisions in the state.  Land use decisions must be made in the light of day based on a host of considerations and the citizens of Wisconsin must be a part of this process," said Lisa MacKinnon of 1000 Friends of Wisconsin.  The organization and its member's work to promote sound land use decisions in the state.

Terrell also noted the significant impact these wetlands have on the citizens of our state, "These unconstitutional provisions put people's lives and property at risk.  We know that the loss of 7-8 acres of wetlands represents 8 million gallons of flood storage or 8 acres covered with one foot of water.  The loss of the wetland acres at the Ashley site will exacerbate flooding downstream on the Trempealeau River and contribute to the cumulative impact of flooding on the Mississippi River."  The Sierra Club has called for the restoration of 13 million acres of wetlands in the Upper Mississippi River Valley to provide natural flood protection to avoid the loss of human life and property.

Judge John A. Damon in Trempealeau County Circuit Court will hear the motion for a temporary injunction on Friday, November 12th in Whitehall, Wisconsin.

Glenn M. Stoddard, the attorney for the plaintiffs said, "We feel we have a strong case.  We are pleased the court gave us such an early hearing date."