Wisconsin Supreme Court Moves to Protect Critical Natural Areas

Today the Wisconsin Supreme Court ruled 6-1 that a statute allowing the legislative Joint Committee on Finance (JCF) to block Knowles-Nelson Stewardship projects violates the Wisconsin constitution.

The Knowles-Nelson Stewardship program was created in 1989, and named after Republican Warren Knowles and Democrat Gaylord Nelson, to protect Wisconsin’s environment and preserve opportunities for outdoor recreation in the state. The program allows the state to purchase lands for conservation and build infrastructure to help Wisconsin’s residents (and visitors) enjoy the outdoors. In recent years, JCF members blocked specific projects through anonymous objections and other means that were not transparent to the public, leading to the Governor filing this lawsuit.

The Court found that while it is the Legislature’s responsibility to allocate the money in the state’s budget for an initiative like the Knowles-Nelson program, it is ultimately up to the Department of Natural Resources to decide how to allocate that money for specific projects. If the Legislature interferes after the money is allocated for these land conservation projects, it is taking over the Executive branch’s core job of implementing laws, which violates the state constitution.

“By allowing the Knowles-Nelson program to do its job, we are preserving natural areas that protect water quality, provide habitat for plants and animals, contain valuable fisheries, and ​otherwise promote outdoor recreation,” says Clean Wisconsin attorney Evan Feinauer. “With few exceptions, these lands are open to the public. Preserving these lands is an investment that future generations will be grateful we had the foresight to make today.”

Clean Wisconsin filed an amicus brief in this case urging the Court to find JCF cannot constitutionally block this important environmental program and allow a law reflecting Wisconsin’s proud, bipartisan support for land stewardship and environmental conservation to go into full effect.