Wisconsin conservationists are concerned
about the loss of the Public Intervenor's Office and the politicizing of
the Department of Natural Resources.
Why the Office was Created?
"The Wisconsin Intervenor plan reflected belief that citizens
must have a voice in administrative decisions. At that time, conservation
interests wanted to insure that an independent advocate would exist to
promote their interests and the protection of 'public right,' especially
in matters of pollution control and the granting of state permits for a
variety of development projects. The intervenor was empowered to fully
intervene where needed for the protection of public rights in water and
natural resources and was the first environmental public interest office
proposed, and instituted, in the United States."
- Huffman, Thomas R., Protectors of the Land and
Water, University of North Carolina Press, 1994
What Was the Public Intervenor?
In 1967 the Legislature enacted the Kellett Commission's
proposal to reorganize state government. The Legislature created
the Public Intervenor as a watchdog for the newly created Department of
Natural Resources (DNR). By merging functions of the Public Service
Commission and Resource Development Department with the Conservation Department
into a new DNR, the legislature and conservationsits were concerned that
natural Reousrce protection would take a back seat to resource development
forces.
The law required the Attorney Gengeral to appoint at
least one Assistant Attorney General as Public Intervenor to intervene
and initiate action to protect "public rights" in the waters and natural
resources of the state. The Intervenor was unique in the country
with poiwer to sue anyone, inlcuding state government itself, if the trod
on the public's rights and resources. The office was active from
its creation in 1967 to its abolition in 1995 (32 years).
Public Intervenors Served Us Well
-
Helped citizens when government didn't do enough or do what
it should to protect our rights to a clean and safe environment.
-
Provided legal expertise for citizen groups when government
decisions seemed foolish. For example, they helped the Lake Waubesa Conservation
Association to defeat the Libby Landfill. which had been slated for a site
adjacent to Lake Farm County Park and 1/4 mile from Lake Waubesa.
-
Made the Wisconsin Department of Transportation comply with
the Wisconsin Environmental Policy Act when planning for highway construction
and improvement.
-
Was a major participant in the creation of Wisconsin's model
groundwater law, the law that protects the quality and safety of our drinking
water.
-
Won a U.S. Supreme Court case establishing the rights for
local communities to set stricter pesticide standards than those of the
federal government.
|
Cost of Intervention vs. Cost
of Pollution
The Public Intervenor cost each Wisconsinite less than
a nickel a year. It saved money by questioning state agencies decisions
before they went too far in implementing them. If agencies had been allowed
to proceed with decisions prevented by the intervenor, taxpayers and industries
often would have faced more costly lawsuits and clean-up actions.
What Happened to the Intervenor?
In April 1995, Governor Tommy Thompson proposed eliminating
the office in his state budget bill. Thousands of citizens and conservation
groups expressed outrage. In response, the Governor and Legislative
leadershiop let the intervenor office stay in name only, stripping it of
its essential power to take legal action, and moving it from the Justice
Department to the DNR - the agency the intervenor originally was created
to watchdog. Having turined the Public Intervenor into a toothless
tiger, the Legislature abolished the office altogether in 1997 as the Governor
originally intended.
The Conservation Restoration Act of 1998
The bill would restore the Public Intervenor's Office - transfer
it back to the Department of Justice and reinstate its legal powers to
intervene as needed to protect public rights in water and natural resources.
It would also restore the authority to appoint the DNR and DATCP Secretaries
by their respective citizen governing boards.
What Happened to the DNR Secretary?
In the past, Wisconsin's DNR Secretary was appointed by a
citizen advisory board. Today, the Secretary serves at the wishes of the
Governor who now can hire and fire the Secretary at any time. The Secretary
no longer has professional independence - necessary to make wise natural
resource decisions.
Wisconsinites Support the Watchdog and a Non-Partisan DNR
The Wisconsin Conservation Congress voted in overwhelming
support of the Office of the Public Intervenor
Editorials statewide supported the Public Intervenor's Office
and retaining an independent DNR Secretary
Wisconsin's DNR enjoyed a nearly 70 year nonpartisan tradition.
As early as 1927, Wisconsin's great conservationist, Aldo Leopold led the
fight to stop political control of natural resource decisions.
A Measure to Protect Wisconsin
The Conservation Restoration Act would fully restore the
Public Intervenor's Office and return a non-partisan tradition within the
Department of Natural Resources. We support the Conservation Restoration
bill as a common sense way to restore Wisconsin's proud outdoor tradition. |
|