By Tom Wiensch October 10, 2024-
Knowles-Nelson Stewardship Program Facts and History
The Knowles-Nelson Stewardship Program (“KNP”) exists to allow Wisconsin to preserve natural areas and wildlife habitat, protect water quality and fisheries, and create opportunities for outdoor recreation. Created 35 years ago, the program was named after two notable Wisconsin conservationists: Warren Knowles (R) Governor of Wisconsin 1965-17, and Gaylord Nelson (D) U.S. Senator from Wisconsin 1964-81.
Sometimes thought of as a land acquisition fund, the KNP is much more than that, having been used to acquire lands and easements, but also to develop and support recreational infrastructure such as local parks, boat landings, campsites, beaches, and recreational trails.
KNP has helped fund dozens of projects in Oneida County, including:
An interactive map of KNP projects can be seen here - https://knowlesnelson.org/an-interactive-map-of-knowles-nelson-grants/
The KNP funds are budgeted by the Wisconsin Legislature, and it is currently funded through 2026. A few legislators have called into question whether it should be funded in the future. Among Wisconsin residents, though, KN is very popular. A 2023 survey paid for by The Nature Conservancy and conducted by the nationally recognized bipartisan research team of FM3 Research (D) and New Bridge Strategy (R) found that, although many residents did not know about the KNP, once they were informed about it, an overwhelming majority favored it. More detailed results of the survey can be viewed here - https://www.nature.org/content/dam/tnc/nature/en/documents/2023-Polling-on-Stew-Fund-Results-Press.pdf
The Increasing Veto of Stewardship Projects by Members of the Joint Finance Committee
For much of the history of the Fund, the small Joint Committee of Finance has played a large role in deciding which projects the fund should contribute money to. Under the statutes, any single member of that committee could anonymously stop funding for any project that had a cost of over $250,000 and, more recently that was located north of Highway 64.
In recent years, that Committee has been dominated by Republicans. The Committee currently has 16 members, 12 of whom are Republicans and 4 of whom are Democrats.
Recently, over a period of approximately four years, the Republican controlled Committee blocked 27 projects, or about 1/3 of those that were submitted for approval. In previous years, the anonymous “pocket veto” had been used more sparingly.
Examples of recent blocked projects include:
The Pelican River Forest project would have involved the purchase of a conservation easement to ensure that the forest would be available for logging and open to public recreation, a sort of project that would almost certainly enjoyed bi-partisan support in the not-too-distant past. That project was ultimately completed using other funds.
The Wisconsin Supreme Court Strikes Down JFC Members Veto Power
In 2023, Governor Tony Evers brought a legal action concerning the pocket veto. The matter was heard by the Wisconsin Supreme Court, and in 2024, the court ruled that the power of anonymous individual members of the Joint Finance Committee to veto Stewardship spending violated the Wisconsin Constitution. The court’s majority opinion was written by conservative Justice Rebecca Bradley, who wrote “Maintaining the separation of powers between the branches is essential for the preservation of liberty and a government accountable to the people . . .” The court ruled that, once the Legislature budgets money for the KNP, it is a duty of the executive, rather than the legislative branch to determine how that money is be spent. Under this ruling, the DNR (part of the executive branch), and its professional scientists and land managers, rather than individual members of the legislature will carry out the details of how KNP funds are spent.
DNR Budget Request
In September of 2024, the DNR made its budget request for the next two-year budget period. Out of a total agency budget request of 1.2 billion dollars, the DNR has requested $100 million per year for the KNP.
The Reaction of Born and Felzkowsi
Wisconsin Public Radio reported that, after the State Supreme Court handed down its opinion, Republican Representative Mark Born stated:
"It’s unfortunate that Governor Evers’ lawsuit removed all accountability (emphasis added) of the Stewardship program, which helped ensure local voices were heard and that taxpayer resources were spent wisely . . .” Born, who is the co-chair of the Joint Finance Committee also said, “The entire program is now in jeopardy.”
These comments are curious on two levels. First, there is still accountability for KNP expenditures. The Wisconsin Statutes place a number of restrictions on how Stewardship funds can be spent. Also, the DNR is charged with administering the program in accordance with the statutes. In addition, people, including those who live near where projects may take place have the ability to communicate their opinions to the DNR.
Second, it’s unclear why Mr. Born says that the entire KNP is in Jeopardy. There is nothing innate in the court’s ruling that puts the program in Jeopardy. One interpretation of Representative Born’s words could be that he and/or other members of the Republican controlled Wisconsin Legislature may wish to refuse to adequately fund the program now that individual members of the Joint Finance Committee can no longer anonymously veto stewardship projects.
In its report, Wisconsin Public Radio noted that, Republican State Senator Mary Felzkowski, speaking in response to the DNR’s budget Request, and noting that the DNR has been without a secretary for over a year said:
“The likelihood of an agency of this size, that creates so much frustration throughout the state, receiving big increases without an executive head taking accountability is, in my opinion, low . . .”
Ever's Response
Governor Evers has said that he is having a difficult time finding someone willing to act as the DNR Secretary, due to the Republican Held legislature having fired so many of his appointees. The last DNR secretary, Adam Payne served for ten months before resigning, without the legislature ever having confirmed his appointment. On March 12 of 2024, CBS News reported that the Legislature had fired eight more of Evers’ appointees, bringing the total fired by the Legislature since Evers took office in 2019 to 21. The CBS News report indicates that, among those fired were:
“. . . two Universities of Wisconsin regents who voted against a deal that limited campus diversity and four judicial watchdogs who wouldn't commit to punishing liberal state Supreme Court Justice Janet Protasiewicz.”
The Future of Public Lands, Parks, and Recreational Facilities
The extent to which the KNP will be funded in the future remains to be seen. In the meantime, there seems to be strong support for conservation and recreation as a whole, and the KNP specifically. For example, The Wisconsin Waterfowl Association’s website currently contains an article that originally appeared in 2020, supporting KNP funding.
That piece, authored by its executive director included the following statements:
The entire article can be viewed here - https://www.wisducks.org/things-to-know-about-the-knowles-nelson-stewardship-program/
The Congressional Sportsman’s Foundation also posted a piece in support of KNP funding on its website on October 7 of this year. That piece, titled “Key Public Land Acquisition Fund Faces Reauthorization in Wisconsin” indicates that the CSF, along with partners, conducted meetings in Madison with members of the Legislative Sportsmen’s Caucus to stress the importance of the KNP. The CSF site may be viewed here: https://congressionalsportsmen.org/news/key-public-land-acquisition-fund-faces-reauthorization-in-wisconsin/?eType=EmailBlastContent&eId=bc42c3d2-5e45-484b-bba0-75be2842b4ad
Additionally, the following organizations have expressed support for or otherwise acknowledged the importance of the KNP:
Additionally, “Team Knowles-Nelson”, lists on its website a plethora of organizations as its partners or sponsoring partners. A sampling of those organizations includes:
These many organizations, along with a large majority of Wisconsin residents support the Knowles-Nelson program. The question is now, whether the Republican controlled state legislature will respect the will of the majority and adequately fund the program.
WTMJ Television Coverage Conservation program in jeopardy as DNR asks to triple funding (tmj4.com)
By Beckie Gaskill November 20, 2024- This week I was fortunate enough to attend the Upper Midwest Invasive Species Conference (UMISC) virtually. The topic of one of the sessions I attended was pathways by which invasive species find their way from place to place. Part of the focus, of course, was pets that were let loose, but the other part was commercial pathways by which invasives can spread.
The first presenter was Department of Natural Resources (DNR) warden Robert Stroess. He spoke about how Wisconsin attempts to keep illegal invasive species from coming into the state through trade routes, and the challenges with doing that.
Of course, as with AIS on our own lakes, it starts with education. Unfortunately, Stroess said, even after educating suppliers and in-state vendors such as pet stores about Wisconsin Administrative Code NR-40 listed species, over 80% of those businesses who were later checked again were still selling those same invasives.
Stroess said traditionally, the only AIS work wardens did have to do with things like weeds on trailers or getting boaters to empty their live wells of water. But most states are not dealing with these organisms in trade, until recently, Wisconsin was the same, he said.
In 2019, some may remember, a red swamp crayfish was reported in a pet shop. Also, a specialty grocery store was found to be selling three species of carp – big head, silver and grass carp. This is likely just the tip of the iceberg where AIS, and also Terrestrial Invasive Species (TIS), is concerned in trade routes.
While there was great outreach from the AIS education program to different industries about what they could and could not bring into the state, it was doing little in most cases.
“For those businesses that didn’t care,” he said. “It was just noise in the background.” With no connection between AIS outreach and education and the enforcement arm of the department, it was difficult, if not impossible, to know who had already received education on these issues and simply did not care to change their practices. Bait shops, specialty grocers, pet shops and even gardening suppliers, which can spread both TIS and AIS, can be part of the problem.
Even within enforcement itself, individuals were tackling single incidents, such as that red swamp crayfish, and treating them as such. However, that one incident was indicative of a much larger problem. And that was a problem Stroess said was not being delt with effectively at that time.
With that, a dedicated AIS enforcement staff was created. This is a consortium of different entities dedicated to those trade routes, including distributors. Even if a distributor had a disclaimer on their website that they would not ship certain species to Wisconsin, for instance, shipments were still being made.
In the years since those findings, there have been 35,000 individual specimens in trade that they know about that have come to Wisconsin. Estimating high, Stroess felt they might know about 10% of those species that are coming in through various trade industries.
“Nobody knows about it until you turn over those rocks,” he said. “That’s when the landslide starts.”
Third party markets make finding these sellers even more difficult. Pet shops, bait dealers and specialty grocery stores can all be places of interest, Stroess said. Coordinating between pieces of the department, rather than working in with a silo-mentality, is also key. AIS staff and law enforcement and others can document the places where they have done outreach. Then businesses could be held accountable for repeating this behavior.
Stroess said he would look for vendors and contact them to see if he could purchase AIS that was not allowed in the state.
“If they don’t sell it to them, great,” he said. However, if they did sell things to him that were not allowed, he could then build a case against that business. In many cases, it is an interstate cooperation that brings about federal charges against suppliers and sellers.
The Lacy Act of 1981, which was amended again in 2008, regulates “the importation, exportation, transportation, sale, receipt, acquisition, or purchase of any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or any Indian tribal law, or foreign law.”
LA Crawfish, Stroess said, was a big offender in the state. Most crayfish boils have been done with red swam crayfish from LA Crawfish. They can escape, or some of them may simply be released. After cracking down on LA Crawfish, they were eventually charged with 15 federal crimes and were ultimately convicted of 10. He assured those at the conference that Wisconsin was dedicating staff and time to this issue, and urged other states, provinces and countries to do the same.
Education and outreach can also be aimed at pet owners. Often, when pets get bigger than people expected them to, or kids are “bored” with a specialty pet, they get released into lakes, rivers, wetlands, or wherever a pet owner thinks they will get along well. It goes without saying that they are wrong – 100% of the time.
All of these avenues have the potential to change ecosystems in our lakes, rivers and wetlands.
All of these avenues have the potential to change ecosystems in our lakes, rivers and wetlands. As local lake lovers, we may not feel we have the power to change interstate, and sometimes international, trade routes. But we can use education and outreach to stop the “demand” side of this “supply and demand” cycle.
Educating our friends and neighbors and helping them learn that there are plants and animals they can still purchase online in many places that are harmful to our environment and potentially our lake ecosystems, can be one of those ways to bring about change. For the most part, people want to do the right thing. Often, however, they are not sure what that is. Outreach regarding the release of exotic pets can help keep AIS such as red swamp crayfish from our lakes and rivers. We can even talk with local pet shops and/or specialty grocery stores if we see a problem invasive in their establishment. While invasive species in commercial trade seems like a huge problem, and it is, that does not mean that we are powerless at the local level to help others understand the problems with invasive species of all kinds, and to help keep them out of the lakes and rivers we love.
Beckie Gaskill is a freelance outdoor and environmental writer as well as a content creator. She runs her own podcast as part of her media company FlaG (Fish Like a Girl) Media. She is a Master Naturalist and sits on the board of several different conservation organizations. She has also started her own digital magazine, The Wisconsin Conservationist. More information regarding that magazine can be found on her website: The Wisconsin Conservationist Magazine – All the news that is important to you (wordpress.com)
By Kathleen Cooper October 15, 2024- I know we are all worried about the upcoming election, the huge storms and wildfires ravaging our country, and wars around the globe, so I will give you something different to worry about neonicotinoids in our groundwater, otherwise known as neonics. You’re welcome, but don’t thank me, thank the EPA and our legislators for looking out for the interests of corporations and big agriculture rather than the health and well-being of the people, ecosystems, and our most precious resource, water.
Neonicotinoids are a class of water-soluble chemicals used to target insects by being absorbed through a plant’s roots, leaves, and fruit. These chemicals cause extensive environmental damage and pose a risk to human health. They are linked to birth defects and hormonal dysregulation, as well as food and water contamination. Children are at the greatest risk, mostly from eating nonorganic food. As a result, children are three times more likely to develop cancer than adults when exposed to these pesticides.
Aside from poisoning our children and ourselves, neonics are killing our pollinating insects, such as bees and butterflies. Birds and aquatic life are also affected. These chemicals are highly persistent and remain present in plant tissues long after applied. Research also shows neonicotinoids can persist in the soil several years after the last application, affecting plants that were not the original targets, and leaching through the soil into our groundwater and private wells. Since neonics remain active in the soil for years, rain or irrigation water can easily carry them long distances to contaminate new soil, plant life, and water supplies. Given neonic’s widespread use, the result has been vast ecosystem contamination, which we notice most often in water. A 2015 study by the US Geological Survey found neonic pollution in more than half of the streams it sampled nationwide. The state of Wisconsin estimates around 43% of 800,000 private wells tested positive for pesticides, and more than half of the pesticides detected aren’t regulated by the state or federal governments. Unfortunately, traditional chlorination treatment typically fails to remove them from tap water, and chlorination actually has the potential to combine with neonics to form even more toxic compounds in tap water.
Despite the threat to our environment, nothing has slowed the widespread application of these insecticides. Neonics are most often used “prophylactically,” or in other words, whether they are needed or not. So, the vast majority of neonic applications- covering hundreds of millions of acres- are treating pest problems that don’t exist. When they do, neonics can actually make those pest problems worse for farmers by killing off beneficial bugs and soil microbes that improve crop health, resiliency, and output. There is some good news regarding the problem of neonic contamination in our water and our food, however. The European Union has completely banned outdoor neonic use in an effort to protect pollinators, water, and the European people, and the Canadian provinces of Ontario and Quebec require a prescription before neonics can be used to coat crop seeds, which has drastically reduced their use. The bad news is that the US Environmental Protection Agency (EPA), which assesses the human health risks of pesticide ingredients and sets corresponding limits, is failing us. Industry influence has led to underregulating and even deregulation of many pesticides, including those that are banned in other countries. It is virtually left up to the states and civic minded individuals. There are now 11 states that have banned neonics for residential use. These states are California, Colorado, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Rhode Island, Washington, and Vermont. This is a good first step for regulation of these poisons.
There is also good news locally. Lake Tomahawk is considering crafting an ordinance that would prohibit the use of commercial mosquito spray on lawns in Lake Tomahawk, and possibly other insecticides that contain neonics. Commercial mosquito sprays generally do not contain neonics but do contain pyrethroids and pyrethrins. These chemicals not only kill mosquitoes, but also kill insects beneficial to our survival and our ecosystem, such as pollinators and food sources for our birds, wildlife, and aquatic life. They are toxic to pets and humans as well, with our children being the most vulnerable. With so many households locally spraying their yards, the cumulative effect of these chemicals will lead to major contamination in our private wells and waterways. Lake Tomahawk is setting an excellent example of a town that is truly concerned about its citizens and its natural environment. We at OCCWA commend Lake Tom for their insight and encourage other towns and counties to explore this issue.
How to identify neonics? Here is a helpful link from Environment America How to avoid bee-killing pesticides (environmentamerica.org)
How can you create a perfect pollinator garden? Well, the Oneida County Land and Water Conservation Department (OCLW) has a guide here THE PERFECT POLLINATOR GARDEN - Oneida County Land and Water Conservation (oclw.org) Just one example of your county tax dollars devoted to conservation.
By Beckie Gaskill September 20, 2024- Recently, Oneida County Conservation Congress chair Ed Choinski approached the county land and water committee to discuss a reimbursement for Wisconsin Conservation Congress (WCC) delegates from the county to attend the annual meeting of the Congress. This reimbursement, he said, had been ongoing for at least 40 years, but had stopped abruptly this year. There was some confusion regarding from where this expense reimbursement came out of the county, but, he said, the funding did come from the county somewhere. Both the department and the committee stated they understood the importance of the Conservation Congress and would look into how to get the reimbursement reinstated if possible.
But just what is the Wisconsin Conservation Congress and what does it do? The WCC is “the only statutory body in the state where citizens elect delegates to advise the Natural Resources Board (NRB) and the Department of Natural Resources (DNR) on how to responsibly manage Wisconsin’s natural resources for present and future generations,” according to the DNR website. In recent years, many have become aware of the WCC spring hearings. These hearings are held in April every year and they give the public the opportunity to weigh in on proposed rule changes that have to do with a variety of different areas of the state’s natural resources.
This year there were questions regarding possible enhanced wake regulations, which drew a large number of lake lovers and healthy water supporters. The Congress is made up of volunteer citizens from each county who represent the interests of those in their home county, bringing those thoughts, opinions and ideas to the full Congress. The Congress, then, brings their recommendations to the Natural Resources Board on these matters.
The whole process of the spring hearings is unique to Wisconsin. It allows all of the stakeholders in the state weigh in on natural resources matters that are important to them. Much of the spring hearings content is directed at anglers, hunters and trappers, those people who pay license fees that allow the state to manage our natural resources for us all.
At the spring hearings, delegates to the Conservation Congress are elected by those in attendance in person in each county. While the spring hearings questionnaire can be filled out online, a measure that began during the pandemic, delegates, by statute, can only be elected by people attending the spring hearings in person. This not only gives the public a chance to weigh in on natural resources issues, but also to elect the people they believe will best represent the interests of citizens of the county.
Because all WCC delegates are strictly volunteers, they shoulder all of their own expenses of doing this important work, attending meetings, talking to NRB members and various other activities associated with their WCC work. As Choinski said, for the last 40 years, Oneida County has reimbursed WCC delegates from the county for their annual meeting expenses. That total amount per year comes to approximately $2,500. Other counties also reimburse their WCC delegates for their annual meeting expenses.
When Choinski approached the land and water committee earlier this year, county conservationist Michele Sadauskas said she fully understood the importance of the WCC and what the delegates did for the people of the county, but her department budget simply could not fund the reimbursement. The committee then voted to include those funds into the 2025 budget. Should that budget be approved by the full county board, delegates would once again be reimbursed for their expenses for that meeting, alleviating that financial burden from them. This will be an important move to keep the county’s delegates on the Conservation Congress and fighting for the wishes of citizens in the area of natural resources.
Beckie Gaskill is a freelance outdoor and environmental writer as well as a content creator. She runs her own podcast as part of her media company FlaG (Fish Like a Girl) Media. She is a Master Naturalist and sits on the board of several different conservation organizations. She has also started her own digital magazine, The Wisconsin Conservationist. More information regarding that magazine can be found on her website: The Wisconsin Conservationist Magazine – All the news that is important to you (wordpress.com)
OCCWA Position
We at OCCWA support the funding of our local Conservation Congress delegates. This uniquely Wisconsin process where local residents can weigh in on environmental issues is part of the very fiber of our Northwood's lifestyle of Water, Woods, Wildlife, and Way of Life.
In 2024, 678 Oneida County Residents participated in the Conservation Congress with another 2749 online inputs from respondents that indicated they recreate in the county. To put these numbers into perspective, of all the counties in Wisconsin, only Dane County with a much higher population produced slightly higher participation numbers than Oneida County. No surprise to us at OCCWA.
See 2024 Statewide County results here 2024_StatewideResultsByCounty.pdf (wisconsin.gov)
By Tom Wiensch August 15, 2024-
Laws, Regulations and Court Rulings
In the United States, federal laws and rules are made in several ways. These include laws passed by Congress, case law made by courts, and regulations developed by federal agencies.
Traditionally, Congress has created broad laws to carry out public policy, with agencies then creating regulations to flesh out the details. Such regulation is, by necessity, often quite technical.
The Clean Water Act Example
The Clean Water Act establishes the basic structure for regulating the discharge of pollutants into U.S. waters. The Act also requires the Environmental Protection Agency to create regulations to implement the act.
Under that authority, the E.P.A has created regulations relating to such things as effluent limitations for various industries such as mineral and mine processing, petroleum refining, and waste combustion.
These regulations are science-based and include limits on the amounts of specific chemicals, amounts of suspended solids, and the pH level of effluent which may be discharged into water.
Other Federal Agencies
In addition to the E.P.A. other federal agencies are required to enact regulations. Examples of such agencies, along with examples of the things they regulate include:
1. The Food and Drug Administration - The safety and efficacy of human medicines.
2. The Federal Aviation Administration - Airline safety.
3. The Securities and Exchange Commission – Protection of investors.
4. The Nuclear Regulatory Commission - The disposal of high-level radioactive waste.
The Need for Expertise
Obviously, neither Congress, the President, nor members of the judiciary are equipped with the skills and knowledge necessary to write all of the kinds of detailed, often scientifically based regulations necessary to carry out the aims of broadly written statutes.
For this reason, our government employs agencies and gives those agencies the authority to attend to the finer details of making laws effective. To enact regulations, federal agencies employ chemists, biologists, economists, engineers, physicians, statisticians, and other highly trained and specialized experts. Given the relatively broad nature of federal laws, and the manner in which they are made, it is common for there to be situations in which the laws require interpretation.
The Chevron Case
In 1984, The United States Supreme handed down a decision relating to federal agencies in the case of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.
The Chevron case involved a challenge to the decision of President Ronald Reagan’s E.P.A. to narrow the definition of “source” as it applied to air pollution under the Clean Air Act. The change allowed some of those who discharged pollutants to avoid E.P.A. review in certain situations.
The Natural Resources Defense Council sued, challenging the legality of that narrow definition. The United States Supreme Court held against the NRDC. In doing so, the Court ruled that, when laws contain ambiguous terms, courts should broadly defer to the E.P.A. and other independent governmental agencies who interpret those terms, so long as the agencies interpret the terms in ways that are reasonable, and not arbitrary, capricious, or manifestly contrary to the statute.
The legal doctrine of “stare decisis” requires that courts must generally adhere to prior appellate-level court decisions. In the wake of the Chevron decision, American courts did just that, treating Chevron as settled law. In the forty years after Cheron was decided, it was cited as law in thousands of decisions by American courts.
The End of Chevron Deference
On June 28th, 2024, the United States Supreme Court overturned Chevron in the cases of Loper Bright Enterprises v Raimondo and Relentless v Department of Commerce.
In the majority opinion, which was written by Chief Justice John Roberts, the Court ruled that stare decisis did not apply because the Chevron Doctrine was “unworkable” due to the difficulty in determining whether a statute is ambiguous.
The majority also ruled that Chevron had to be overturned because the Administrative Procedure Act required courts to apply their own judgment in cases involving ambiguities in the law. Interestingly, the relevant portion of the Administrative Procedure Act was enacted in 1966. So, that act was in effect at the time the Chevron case was decided, and the Chevron Court was aware of it.
The majority rejected the argument that agencies staffed with scientists and other experts are better suited than judges to decide how ambiguities in the law should be resolved. The Court also ruled though, that the overturning of Chevron did not require that other past cases that had been decided based on Chevron had to be overturned.
Justice Elena Kagan wrote a dissenting opinion. In her dissent, Kagan disputed both the majority’s reasoning in not following precedent and in determining that the 1966 statute required that courts give no deference to agencies.
In that dissent, Justice Kagan gave examples of several previous cases involving scientific/technical issues, which relied on the Chevron decision. The examples included cases which addressed such questions as:
1. Whether population segments under the endangered species act should be considered as separate based on geographical separation, genetic variance, or otherwise.
2. How “geographic areas” should be measured for the purpose of determining Medicare reimbursement to hospitals based on wage differences in different “geographic areas.”
3. What levels of noise would be consistent with “natural quiet” in the context of a law aimed at reducing aircraft noise over The Grand Canyon.
One of the cases that Justice Kagan cited involved the Public Health Service Act which requires the FDA to regulate biological products including proteins. The court handling that case had to address the question of when an alpha amino acid polymer qualifes as such a protein, and whether it must have a specific, defined sequence of amino acids.
In her opinion Justice Kagan wrote that agencies are in a better position to resolve ambiguities, stating:
“. . . because agencies often know things about a statute’s subject matter that courts could not hope to. The point is especially stark when the statute is of a “scientific or technical nature.”” “Agencies are staffed with “experts in the field” who can bring their training and knowledge to bear on open statutory questions. Consider, for example, the first bulleted case above. When does an alpha amino acid polymer qualify as a “protein”?” I don’t know many judges who would feel confident resolving that issue.”
The Future
It’s important to remember that the Chevron deference only applied in cases involving statutory ambiguities. Also, Congress can pass and amend laws so that it is clear how much deference it wishes to grant to administrative agencies. Doing so could make the role of agencies and their experts clearer. Of course, given the fact that gridlock seems to have become a near constant feature of our federal government, that may not be easy to do.
Additionally, The Court made it clear that courts still have the ability to “seek aid from those responsible for implementing particular statutes.” In that regard, the Court mentioned the “respect historically given to Executive Branch Interpretations” (Sometimes known as “Skidmore Deference.”) The frequency and degree to which such respect will be given in the future is unclear.
Some commentators expect that the Loper Bright case will mean enormous changes in environmental law, others disagree, while still others say it is too early to tell. Given the sheer number of cases which previously relied on the Chevron doctrine, it is easy to imagine the number and broad range of administrative laws that courts may have to address in the future without the deference required under Chevron.
When it comes to Wisconsin, it is worth noting that the Court’s opinion relates specifically to a federal law doctrine, and the Court, in overturning Chevron, relied on a federal statute. Thus, the decision would not seem to specifically apply to Wisconsin law.
That said, many federal environmental laws have applicability to situations arising in the various states. For example, the Clean Water Act, the Clean Air Act, the Endangered Species Act, the Resource Conservation and Recovery Act, the Pollution Prevention Act and many other federal laws apply in Wisconsin.
Although Loper Bright was only decided on June 28th of this year, there have already been reports (see link at bottom) that the United States Air Force is refusing to comply with an E.P.A. cleanup order concerning PFAS contamination in Tucson Arizona. Reports indicate that Air Force Attorneys are relying on the Loper Bright decision in taking that position. Reporting on that matter is somewhat scant, and it’s unclear how the Loper Bright decision is being argued to apply, and what, if any, statutory ambiguity is at issue.
Of course, PFAS cleanup has been an important topic in Oneida County, as two City of Rhinelander Wells, many private wells, and the Moen’s Chain of lakes have been found to contain PFAS.
Also, regulations under the Clean Water and Clean Air Acts govern mining and mineral processing. Mining has long been a hotly contested issue in Oneida County and other parts of Wisconsin.
In coming years, many questions are likely to arise concerning the Loper Bright Decision and its effects on Environmental Law, including:
1. How greatly will Loper Bright change environmental law?
2. How frequently will judges rely on administrative agency interpretations?
3. To what extent will the political philosophies of individual judges affect the ways in which they interpret legal ambiguities, and the extent to which they rely on administrative agency interpretations in doing so?
4. Will Congress amend some of our most fundamental environmental laws so that the situations in which it wants agencies to interpret law becomes clear?
5. How will Loper Bright affect the mining permit and remediation processes for potential mines?
6. How will Loper Bright affect PFAS regulation and cleanup?
7. How will Loper Bright affect other clean water and air and other environmental issues?
These questions will only be answered with time, litigation, and perhaps acts of Congress.
Note – This piece is not a legal opinion and should not be taken as one or be legally relied upon.
By Tom Wiensch July 30, 2024-
Photo credit Len Hyke
CLIMATE CHANGE AND THE NATURAL RESOURCES OF WISCONSIN AND THE GREAT LAKES REGION: The changing landscape and species of the Northwoods
Global warming and the climate change that it causes have been topics of serious discussion in America and around the world for over 20 years. In Wisconsin and other parts of the Upper Great Lakes Region, climate change seems to be reducing the range and abundance of a number of species of animals and reducing the clarity of lakes. Examples of affected species include walleye, brook trout, loons, flying squirrels, and snowshoe hares in Wisconsin and moose in neighboring Michigan and Minnesota. It also appears that, if climate change continues, the composition of our forests will change.
The remainder of this article will discuss the effects of climate change on these species and the habitat in which they live.
WALLEYE
Walleyes are one of the most popular fish among Wisconsinites. Sadly, a 2018 study published in the Canadian Journal of Fisheries and Aquatic Species has demonstrated that walleye numbers in Wisconsin waters are declining. i
There may be multiple factors affecting the number of walleyes in Wisconsin waters. For instance, a 2018 study published by the National Academy of Sciences showed that walleye were being overharvested.ii Importantly though, that study showed that the reason for overharvest was that bag limits were set based on walleye abundance, without properly considering walleye productivity.
Another study published in February 2024 in the Journal of Limnology and Oceanography Letters has shown that changing ice-out dates are affecting the ability of young walleye to survive.iii It used to be that ice left Wisconsin lakes at approximately the same time each year. Now, as air temperatures have increased, the ice-out dates are highly variable, often happening much earlier than they used to.Walleye are one of the most popular fish among Wisconsinites. Sadly, a 2018 study published in the Canadian Journal of Fisheries and Aquatic Species has demonstrated that walleye numbers in Wisconsin waters are declining.
The study has shown that walleye used to spawn shortly after ice-out, which meant that when the eggs hatched and young walleye began feeding, zooplankton were present as an abundant food source. Although walleye have begun spawning slightly earlier than they used to, they still spawn later than the new ice out times, often meaning that many young walleye starve to death due to the lack of zooplankton to eat.
BROOK TROUT
Although perhaps not as popular among anglers as walleye, brook trout are the only stream trout native to Wisconsin. Many anglers consider brook trout to be among the most beautiful of fish.
Non-native brown trout from Europe and rainbow trout from the West Coast have been stocked in some Wisconsin streams and in some streams these trout, especially browns, have established breeding populations. A number of streams, especially in the driftless area of Wisconsin, contain large numbers of brown trout and in many cases, few if any brook trout.
Brook trout require colder water than do brown and rainbow trout. The Wisconsin Department of Natural Resources has found that the number of brook trout in Wisconsin has been declining, especially since 2006.iv The DNR has also found that higher summer temperatures have benefited brown trout at the expense of brook trout.v So far, most of the impact on brook trout has occurred in Southern Wisconsin.
The Upper Wolf River, Wisconsin’s largest trout river offers an example of what warming temperatures do to trout. Until its character was changed by early logging, the Wolf was a brook trout stream.vi While it still contains some brook trout, the Upper Wolf now contains brown trout, many of which are stocked and many smallmouth bass.vii Increased warming is likely to further reduce the ability of the Wolf to support trout.
LOONS
Loons are one of the most beloved bird species in Northern Wisconsin and across the northern lakes of the United States. Their numbers have been substantially declining in recent years. A study has shown that the loon population in Wisconsin has decreased by 22% over the 27 years leading up to 2020.viii
The study found that loon chick body mass, and the number of loon chicks had fallen dramatically, such that the number of immature (not yet breeding) loons had declined by 46% in 27 years.
A study published in the journal “Ecology” has shown that loon populations in Northern Wisconsin are declining due to a decrease in water clarity caused by an increase in heavy summer rains, which in turn have been caused by climate change.ix The heavier summer rains cause more material to wash into lakes, making the water murkier. Loons are sight-predators, and decreased water quality makes it more difficult for them to catch fish for themselves and their young. This has led to underweight, unhealthy loon chicks, many of which die before reaching adulthood.
FLYING SQUIRRELS
There are two distinct species of flying squirrels in Wisconsin – Northern Flying Squirrels and Southern Flying Squirrels.
A 2020 study by the Natural Resources Institute of the University of Minnesota – Duluth has shown that the northern end of the range of southern flying squirrels is moving north by as much as 12 miles per year.x Meanwhile, the northern flying squirrels are being driven north, and are now listed as a “species of concern” by the states of Wisconsin and Michigan.xi
SNOWSHOE HARES
Snowshoe hares are also known as “northern varying hares.” These relatively large hares reside in Northern Wisconsin and other northern states. The Pauli Lab of the University of Wisconsin – Madison reports that the southern end of the range of the snowshoe hare in Wisconsin has receded north by over 18 miles since 1980 and that this range reduction has been caused by a lack of snow cover.xii Snowshoe hares are brown colored in the summer, and white in the winter. As the snow season decreases, they are increasingly left with
white coats at a time when they need to be brown to be camouflaged to avoid excess predation. This has led to a reduction in numbers in the southern part of their range.
MOOSE
Moose are present in Minnesota and Upper Michigan and are occasionally seen in Wisconsin. The reintroduction of 59 moose to the Upper Peninsula in the 1980’s spurred hope that the species might become plentiful in the U.P. again. Some hoped that moose would migrate south and redevelop a permanent herd in Wisconsin.
Unfortunately, the moose population in Michigan seems to have topped out in the range of 400-500 animals, with the population not having increased from 2019 to 2023.xiii It is not entirely clear why the Michigan moose population has plateaued and why not enough moose have migrated to Wisconsin to establish a stable population here. The situation involving moose in Minnesota, however, may be instructive regarding the moose in Michigan and Wisconsin.
The moose of Minnesota have been in serious decline, and that decline has been studied. Between 2006 and 2017, the moose population of Minnesota declined by 58%.xiv There are two distinct populations of moose in Minnesota, one in the northeast and one in the northwest. The population in the Northwest has declined from a one-time 4000 animals to 100 animals by the year 2000.xv Although there are multiple reasons for the decline of moose in Minnesota, one of the causes is an over-abundance of ticks, caused by warmer winters and longer summers.xvi Colder weather used to kill ticks. Warmer temperatures mean that many more survive the winter to become parasites on moose and other animals. A study in the State of New Hampshire found that 70% of moose calves there were dying, with most deaths being caused by ticks.xvii
PLANT POPULATIONS
The contiguous 48 United States is divided into 12 plant hardiness zones. The United States Department of Agriculture develops maps showing the zones.
These temperature-based maps allow gardeners and others to determine what plants they will be able to grow.
The 1990 pant hardiness map, based on data from 1974-1986, placed Rhinelander Wisconsin in hardiness zone 3.xviii In 2012, Rhinelander Wisconsin was in hardiness zone 4a, with average coldest winter temperatures of between -30 and -25 degrees Fahrenheit. By 2023, Rhinelander became part of hardiness zone 4b, with average coldest winter temperatures between -25and -20 Fahrenheit.xix
If this trend continues, the make-up of the plant communities of Northern Wisconsin will likely change. The Environmental Protection Agency has issued a bulletin titled “What Climate Change Means for Wisconsin.”xx That bulletin indicates:
“Changing the climate is likely to shift the ranges of plants and
animals. For example, rising temperatures could change the
composition of Wisconsin’s forests. As the climate warms, the
populations of paper birch, quaking aspen, balsam fir, and black
spruce may decline in the North Woods, while oak, hickory, and
pine trees may become more numerous.”
Anticipating the disappearance of its northern boreal forests within 50 years, the State of Minnesota has been planting tree species that previously thrived 150 miles south of where they are now being planted.xxi
SUMMARY
Wisconsin was once home to moose, caribou, and lynx. Those animals were extirpated from our state long ago. Extirpated animals can be reintroduced, but only if the habitat is amenable to their existence. If the warming trend continues, will it ever be possible to reintroduce caribou, moose, or lynx to our state? The answer is quite likely “no.”
Worse, if temperatures keep increasing at the current rate, will we even be able to maintain populations of the plants and animals that now occupy Northern Wisconsin?
What will Northern Wisconsin look like in 50 or 100 years? Will there still be black spruce swamps or stands of birch and aspen? Or will we have forests similar to those that currently exist in Southern Wisconsin?
Will our streams still contain the beautiful brook trout? Or will they have been replaced by non-native brown trout or bass? And in the streams not amenable to brown trout spawning, will trout populations have to be maintained through the expensive stocking of inferior hatchery-raised trout?
Will we have lakes with abundant self-sustaining walleye populations where we can hear the cries of loons in the evening? Or will there be silence as the sun sets on lakes devoid of wild walleye? Will the walleye population even be able to be sustained by the use of expensive fish hatcheries?
Will there still be occasional moose sittings in Wisconsin? Will we still see northern flying squirrels? Will we still have snowshoe hares, or will the Northwoods be strictly cottontail rabbit country?
Hopefully it is not inevitable that Wisconsin’s north will change so that our forests will become unrecognizable, our lakes will become murky, and the iconic fish and other animals of the North will be only a fading memory. Time will tell.
i https://blog.limnology.wisc.edu/2018/04/12/study-confirms-walleye-populations-are-in-decline/
iii https://news.wisc.edu/walleye-struggle-with-changes-to-timing-of-spring-thaw/
vi https://wi101.wisc.edu/wolf-river/
vii https://dnr.wisconsin.gov/topic/Lands/FisheriesAreas/2740upperwolfriver.html
viii https://tomahawkleader.com/2024/05/09/northwoods-loon-population-in-decline/ ix https://abcnews.go.com/General/climate-change-threatens-loon-population-new-study-shows/story?id=109092273
x https://nrri.umn.edu/news/flying-squirrels
xi https://www.lccmr.mn.gov/projects/2023/approved_work_plans/2023-090_approved_workplan.pdf
xii https://pauli.russell.wisc.edu/climate-change-and-snowshoe-hares/
xv https://www.sdstate.edu/news/2023/08/whats-behind-minnesotas-moose-population-decline
xviii https://www.motherjones.com/food/2012/01/long-overdue-plant-hardiness-map-hothouse/
xix https://apps.npr.org/plant-hardiness-garden-map/
xx https://19january2017snapshot.epa.gov/sites/production/files/2016-09/documents/climate-change-wi.pdf
By Kathleen Cooper July 23, 2024- The Wisconsin Supreme Court ruled on July 5 that the Republican-controlled Joint Finance Committee cannot legally block conservation projects initiated by Democratic Governor Tony Evers. In a rare bipartisan opinion, the court ruled 6-1 that provisions that require the Joint Finance Committee to unilaterally block projects and land acquisitions funded with money from the Knowles-Nelson Stewardship program violate the separation of powers between the legislative and executive branches. Justice Rebecca Bradley, one of the more conservative judges on the Supreme Court, wrote that the legislature gave the power to distribute stewardship money when it established the program, and that the blocking of funding by the legislature violates the separation of powers between the executive and legislative branches.
One of the greatest achievements of our state legislature is the Knowles-Nelson Stewardship Program. Established in Wisconsin in 1989 with bipartisan support, this fund provides money to care for our state’s land and water, as well as to build the trails, campgrounds, and boat landings that allow Wisconsinites to get out and enjoy our state.
In the past, the Wisconsin Joint Finance Committee had the self-proclaimed power to stop Knowles-Nelson funding for conservation projects. This is what put the acquisition of the Pelican River Forest conservation easements project in jeopardy. One anonymous objector, (who turned out to be Mary Felzkowski, our state senator) was able to withhold the funding. Thankfully, private funding for the conservation easements in the Pelican River Forest were acquired, after almost two years of hard work by our governor, concerned citizens, and conservation groups, and in spite of the fact that Tom Tiffany (our congressional representative) tried to block the funding on the federal level.
Republicans have long criticized the Knowles-Nelson Stewardship program, stating that it prevents land from being developed and takes parcels off local tax rolls. This is misleading, especially as it pertains to the Pelican River Forest, because even though the conservation easements prevent the forest from being developed, it is still private land and a working forest, with responsible timber harvesting and trails for ATV’s, snowmobiles, and hiking, as well as plenty of wetlands, rivers, and forestland in which to hunt, fish, kayak, or just to enjoy its beauty.
When Ms. Felzkowski withheld the Knowles-Nelson funding for the PRF, there was a public outcry, because forestland is the trademark of the Northwoods, fueling our record setting tourist industry, and providing jobs in logging and timber production. She then held “listening sessions' in various towns that border this forest. However, she really didn’t listen to her constituents, who, one by one, spoke out in favor of the PRF. In fact, at the beginning of the meeting in Rhinelander, she stated “No matter what you say, I’m not changing my mind.” That closed off and defiant attitude defeats the purpose of a listening session. She also stated that she is in favor of mining in northern Wisconsin (which was most likely behind her opposition to the PRF). She kept proclaiming that northern Wisconsin had “too much” public land as an argument against the PRF, which is misleading, because again, PRF is private land, and is taxed.
Tom Tiffany was no better. He has a close affiliation with an anti-conservation group called the American Stewards of Liberty, a Texas group that is anti-conservation, anti-endangered species, and anti-public land. Mr. Tiffany orchestrated meetings of the ASL and the Oneida County Board chair Scott Holewinski, who, under the advice of Tiffany and the ASL, drafted a letter to the US Forest Service, which was unapproved and unknown about by the county board. This letter voiced his opposition to the project, not as a private citizen, but as Oneida County Board Chairman, in an attempt to urge the federal government to withhold payment for the Pelican River Forest. Tiffany and Holewinski’s scheme did not work, because the project did go through, thanks to Governor Evers and several conservation organizations.
Our local, state, and federal elected officials need to stop pandering to the interests of extractive and other industries and start listening to the people they represent. We want the clean air, clean water, forestland, and wildlife that makes Oneida County not only a top tourist destination in Wisconsin, but also keeps us healthy and happy. Our children and grandchildren will thank us for our vigilance in keeping our Northwoods beautiful and thriving.
WXPR Coverage of Wisconsin Supreme Court decision Legislative trick that slowed the Pelican River Forest project in the Northwoods ruled improper | WXPR
By Tom Wiensch June 6, 2024- I grew up in Southern Wisconsin and never heard a loon call until I was a teenager. I remember swimming in the pea green waters of Lake Monona in Madison in the 1970’s. There are historical accounts of loons having nested on Southern Wisconsin Lakes. By the 1970’s though, there were certainly no loons spending the summer on the degraded waters of Lake Monona.
I’ll always remember hearing a loon for the first time on a summer vacation in Northern Minnesota. What animal is more of an icon of the Northwoods than the loon? Black bears? Whitetail deer? Maybe or maybe not. Loons have captured the hearts of Northwoods residents and visitors for a very long time. Their images decorate everything from paintings to sweatshirts.
Now, loon numbers are declining in Northern Wisconsin. A recent study has shown that decreasing water clarity caused by climate change is making it harder for loons to thrive. (“Climate Change-Associated Declines in Water Clarity Impair Feeding by Common Loons” Walter H. Piper, Max R. Glines & Kevin C. Rose, Journal of the Ecology Society of America, March 31, 2024; https://esajournals.onlinelibrary.wiley.com/doi/10.1002/ecy.4291
)
The study used satellite imagery to calculate water quality on 127 lakes in Oneida, Vilas, and Lincoln Counties from 1995 to 2021, examined weather conditions, and looked at the body mass of loons.
The conclusion of the study was that climate change is causing decreasing lake clarity which, in turn, is making it more difficult for loons, to find food. The result is that loons can’t put on the weight necessary to survive. The authors of the study stressed that decreased water clarity in July is especially tough on loon chicks, as they are too young to fly to clearer lakes to get food. Mother loons may leave to find food, but in the face of feeding difficulties likely aren’t able to find enough to feed their chicks.
In addition to working to combat climate change generally, there are a number of other things that we can do to help maintain the clear, clean lakes that have
been so loved in Northern Wisconsin, and to help loons thrive. Here are some ideas:
1. Maintain Natural Shorelines
Lakeside landowners can work to prevent runoff and soil erosion. This can be done by not clearcutting lake lots, by minimizing the creation of impervious surfaces, and by maintaining natural vegetation along lake shores. Healthy, natural vegetation slows runoff and helps prevent bank erosion and deposition of soil into lakes. Viewing corridors should be made in accordance with zoning regulations, and natural vegetation should be allowed to thrive on lake properties. This will preserve loons and will also maintain the natural beauty of shorelines.
2. Limit Wakes
Boaters can be careful to limit their wakes in near-shore areas, including areas near islands. Wisconsin law generally prohibits boaters from operating boats at speeds above “slow-no-wake” within 100 feet of any shoreline. The law also generally prohibits operators of personal watercraft from operating at speeds above “slow-no-wake” within 200 feet of shorelines. Creating wakes too close to shorelines has the potential to cause shoreline erosion and can also cause loon eggs to float out of nests. Wake boats pose a unique risk, as they are designed to create large waves/wakes. Consider whether and where to use these boats and operate them with extreme caution. In addition to causing shoreline erosion, studies and modeling have shown that wake boats have the capacity to churn up lake bottoms in at least 15’ and likely in 33’ of water. Obviously, this decreases water clarity. A number of Wisconsin towns have passed ordinances regulating wake boats, and the Wisconsin Legislature may pass a state law regulating them in the near future. Always follow the law and remember that there is nothing wrong with exercising even more caution than the law requires.
3. Avoid Nesting Areas
Respect prohibitions on landing on islands during loon nesting season, and generally avoid going on islands or other loon nesting areas from ice-out through the month of July. Nesting
time is an especially sensitive time for loons, and human presence can impair successful breeding.
4. Carefully Choose and Properly Discard Fishing Tackle
Loons have been found to have been poisoned by ingesting sinkers and lead jigs. Tin sinkers are now readily available. Non-lead jigs are not so easy to find, but hopefully that will change. Please consider non-lead options. Also, please dispose of old fishing line properly. I was recently teaching a great-nephew to fish on a lake in another state. We didn’t catch anything out of the murky lake water, but I did find and pick up several balls of snarled fish line that had been left on the ground. Loons and other birds and animals can become hopelessly entangled in discarded line. Please dispose of used tackle properly.
The clean lakes of Northern Wisconsin, and the beautiful loons that grace the waters are not something to be taken for granted. Many lakes in many parts of the country carry a heavy load of sediments and nutrients that are unappealing and can’t support loons. The lakes of the Northwoods are really something special. With some reasonable action, we can work to maintain the lakes, and the loons for generations to come.
OCCWA Note: (See photo) Loon Rescue Loon rescue | Facebook is a phenomenal group headed by Kevin and Linda Grentzer. They in concert with Marge Gibson's Raptor Education Group INC. Raptor Education Group, Inc. do a fantastic and unheralded job of rescuing loons as well as other Northwoods birds. Give their sites a gander!
From Loon Rescue Facebook page- " Loon rescue is about saving the world one loon at a time. We do many loon rescues ourselves, and we can also recommend techniques to guide you through a loon rescue. Call 715-966-5415 or 715-453-4916"
By Kathleen Cooper May 23, 2024- Governor Evers came to the Northwoods on Wednesday, May 22 to enjoy the beauty of the Pelican River Forest by hiking the logging roads with a group of supporters of the Pelican River Forest. This land constitutes the largest conservation acquisition in the history of the State of Wisconsin, with 70,000 contiguous acres now protected by conservation easements. This land is privately owned and remains a working forest that is available for logging and recreation for perpetuity. As Governor Evers said, “This is something that will last forever. There are very few times that the legislature, Governor, anybody can say that. These folks can.”
As they hiked, various participants spoke about how this historical conservation effort came about. Ron James talked about the Water Walk that took place in March 2020, sponsored by the Sokaogon Chippewa Tribe, when the land was facing exploratory drilling by Badger Minerals. He said that they had tied prayer ties to the trees, offering prayers for the land. When he came back a couple of weeks later, the trees had been clear cut and the ties were lying in the mud in preparation for the drilling. Badger Minerals later announced that it was not going to pursue further mining exploration in that area in September 2020 after completing exploratory drilling months before. Tina Van Zile, of the Sokaogon Chippewa community, spoke about the power of the prayers that had been offered for the land four years ago. She quoted Fran Van Zile, an elder of the Sokaogon Chippewa community, “They (the prayers) do (have power). You know, there’s power in that. We believe that, and so look at where we’re at today.”
Tina went on to speak of the kinship that the Indigenous people feel for the land and its inhabitants-the trees, the wildlife, and the plant species. She spoke of our sacred connections to each other and the land, connections that are often forgotten in our modern busy lives. The hushed silence of the others after she spoke seemed to be a tacit agreement that acknowledged the truth and power in her words.
Charles Carlin from Gathering Waters spoke about the people from different types of groups-hikers, ATV enthusiasts, hunters, fishermen, snowmobilers, and others-who came together to make this acquisition a reality.
Eric Rempala spoke of the efforts of the people in attendance and others who worked to make the purchase of the conservation easements in the Pelican River Forest a reality. He also urged the group to work towards making this forest the working forest it is intended to be, so that the financial benefits to the counties would outweigh any hesitancy in future conservation efforts.
Ron Gropp, the Forest Legacy Program manager for the Wisconsin DNR Division of Forestry said that the DNR would ensure that the terms and conditions of the easement are being met, and that the conservation values that are protected by the easement were being protected.
As we basked in the knowledge that we were all a part of making the Pelican River Forest conservation easements become a reality, the forest seemed to agree, by displaying its exceptional beauty. The trees and vegetation were shimmering with water droplets after the heavy rain of the night before, and the creeks were swollen with fast running, clean water. Even the mosquitoes gave us a break, due to the winds blowing all around us. In spite of our differences, we all recognized each other as brothers and sisters, friends of the forest. As Governor Evers stated in his State of the State address in January, “This is a big deal, folks.” Indeed, it is.
Many thanks to Governor Evers, who, after the Joint Finance Committee had withheld the funds to purchase these conservation easements, secured federal funding to purchase them. His legacy will live on to be enjoyed by our children, grandchildren, and great grandchildren. Thanks also to all the people in the Northwoods and beyond who helped to make the Pelican River Forest conservation easements a reality.
WXPR Katie Thoresen coverage https://www.wxpr.org/podcast/wxpr-the-stream/2024-05-23/supporters-gather-to-celebrate-pelican-river-forest-conservation
By Kathleen Cooper February 13, 2024-Have you ever seen the “Hunger Games” movies? They depict the US taken over by exploitative forces that divide the country into twelve “sacrifice zones”, or districts. Each district has a specialty, such as agriculture, manufacturing, lumber harvesting, mining, etc. This dystopian future for America is not as fictional and far-fetched as you may think, if the American Stewards of Liberty, Tom Tiffany, and Mary Felzkoski have their way.
The American Stewards of Liberty are a Texas-based group that is against land and water conservation, and advocates for natural resource exploitation. They promote mineral mining, increased grazing, timber cutting, for-profit commercial and industrial development, and oil and gas drilling on Federal lands. They spin their message as being about freedom and personal choice, about confronting the “radical environmental movement,” when their true motives are about extracting natural resources. Their goals are extremely unpopular, since 80% of voters nationwide support land conservation.
Our own Tom Tiffany was one of the keynote speakers at the American Stewards for Liberty’s 30x30 summit in September 2023. Tiffany is also bringing the America Stewards for Liberty’s agenda to Wisconsin and attempting to stall or halt the Federal funding for the purchase of the conservation easements in the Pelican River Forest. They did not succeed…this time. Tiffany has also suggested that local governments work with Margaret Byfield, the executive director of the American Stewards for Liberty, while updating their Comprehensive Land Use Plans, on which the Oneida County Planning and Development Committee is now working.
Preserving our environment is extremely popular with the people of Oneida County. We realize how fortunate we are to live in a place where there is clean air, forestland, clear lakes, rivers, and streams. The proposed Lynne mine was defeated in 2018 by 64% of the voters. The county board knows what the people of Oneida want, they just choose to ignore our wishes, and are considering changing the Comprehensive Land Use Plan from using our public lands for recreation and forestry to using it for development of extractive industries (mining) and other industrial development.
Please don’t let this Texas group have a say about land use in northern Wisconsin. Contact your county board supervisor, by phone or email, and tell him/her that you want clean air, clean water, and forests to be left alone in Oneida County, and open to the public. Your children and grandchildren will thank you.
For more coverage on this issue-
See our January posts by Joe Hovel and Kathleen Cooper.
Also, listen to 30-minute Radio interview on Pelican River Forest with Charlie Carlin of Gathering Waters covering the whole process including the recent controversy. [AUDIO] Pelican River Forest Conservation Efforts Run Into Political Hurdle | WHBY
Also see Texas Observer coverage Conservatives Against Conservation (texasobserver.org)
By Kathleen Cooper May 9, 2024- Lake Julia has a salt problem, that is, runoff from salt that is spread on roads over the winter that drains into the lake. Chloride levels, a component of salt, have been rising in Lake Julia since testing began in 2018. From May 2018 to May 2022 the levels have risen from 31.2 mg/L (milligrams per liter) to 37.8 mg/L. When levels get up to 50 mg/L, zooplankton and macroinvertebrate numbers begin to decline. These organisms are essential for the lake food chain, and when their numbers fall, fish and wildlife numbers also fall. Other lakes are affected, but Lake Julia has the highest chloride levels in Oneida County. This is also a problem in southern Wisconsin, with Lake Mendota and even the Mississippi River registering elevated chloride levels.
There have been several environmental heroes in Oneida County working to solve the Lake Julia problem, including Bob and Sue Thome, Supervisor Linnaea Newman, the Lake Julia Lake Association, and Michele Sadauskas. Bob Thome began the process by identifying where the chloride was coming from, much of it from the Crescent School parking lot where runoff flows from the school to a roadside ditch on Boyce Road, under Boyce Road, and directly into Lake Julia.
Mr. Thome then brought the DNR, Zoning, the Lakes and Watershed Commission, Musson’s, and the School Board together. At this meeting they developed a plan, approved by the DNR, to build a retention basin (See Photo) to capture salt runoff from Crescent School before it could flow into Lake Julia. The water would then percolate through the sandy soil. The basin was dug in November, with no erosion measure put in place. With the spring thaw and the rain, we have received, the basin is now silted in, and erosion threatens the new asphalt parking lot at Crescent School.
Supervisor Newman was notified of this by a resident of Lake Julia, and she notified Michele Sadauskas, Rob Jensen and Debbie Condado (county board supervisors from Crescent and Pelican). A video of the damage was distributed, resulting in the DNR issuing a statement to Musson’s and the School Board requesting that they clean out the basin, recontour the slopes, and plant temporary cover seed to stabilize the slopes until the actual planting is done. Further, they were reminded by the DNR that any time soil is excavated/contoured and left for 14 or more days, a temporary seeding or cover should be in place to prevent erosion and runoff.
Even though the DNR request has been sent, which is good news, the work has not yet begun, although now there is now hope that it will be. This is yet another example of what a group of concerned citizens who, instead of throwing up their hands and walking away, can do to tackle environmental problems. If it were left as is, Lake Julia would rapidly be approaching the point where the food chain in the lake would begin to fail, with catastrophic results for lake habitat, fishing, and wildlife populations. Even the loons would be silenced, since their food sources would be compromised. Many thanks to all who made this happen. We at OCCWA will monitor the situation until the work recommended by the DNR is completed
By Tom Wiensch April 25, 2024- This spring the Wisconsin Department of Natural Resources announced that a new aquatic invasive species (AIS) has been found in Wisconsin. The microscopic parasite Myxobolus cerebralis was confirmed to be present in Elton Creek in Langlade County. Elton Creek is a Class I trout stream that feeds the Evergreen River, which in turn feeds the Wolf River.
The DNR reports that the parasite has been found both in Elton Creek proper, and in a private fish hatchery on that stream. It is unclear what the source of the parasite was. The DNR reports that it may be spread by people depositing live or dead fish in streams, or moving tubifex worms, mud, aquatic plants, or even water from one waterbody to another.
Myxobolus cerebralis is infamous for having caused whirling disease in many rivers and streams in the Rocky Mountains and elsewhere. Whirling disease causes spinal and other deformities in young trout, causing them to swim in an abnormal “whirling” pattern. The disease has a fatality rate of up to 90%. Whirling disease has lowered populations of rainbow trout in some Rocky Mountain streams by 90%. The Wisconsin DNR reports that rainbow trout and brook trout are thought to be the trout species most susceptible to whirling disease.
Wisconsin has native brook trout and lake trout, and self-sustaining populations of non-native brown and rainbow trout. Brown trout are native only to Eurasia, and rainbow trout are native only to Pacific Ocean tributaries.
While not being native, brown and rainbow trout have created popular fisheries in Wisconsin, in some cases in streams that are no longer suitable for native brook trout. Popular brown trout streams exist in much of Wisconsin, particularly in the Driftless Area, Central Sands Region, and the Northwoods. Self-sustaining populations of stream-resident rainbow trout occur in only a handful of streams in Wisconsin. Wild steelhead (migratory rainbow trout) though, occur in many tributaries to Lake Superior. Native brook trout are the most common trout species in the Northwoods, and they also occur in many other areas of the State, including the Driftless Area and the Central Sands Region.
Whirling disease was first reported in non-native rainbow trout in Germany in 1893. The disease seems to be less damaging to brown trout, likely because they evolved with the parasite. The parasite made its way to America by at least 1956 when it was found in Pennsylvania. It has since spread to a number of other states.
At first whirling disease was believed to only be a problem in fish hatcheries. Then, in the 1990’s, it began decimating rainbow trout populations in such famous western trout rivers as Montana’s Madison and Colorado’s Gunnison. The Wisconsin DNR reports that, for some reason, some states that have the parasite have not experienced whirling disease and the fish population declines that come with it.
It is unclear what effect this new invasive species will have in Wisconsin. Will it decimate our native brook trout or our nativized rainbows and steelhead? If we aren’t careful, time may tell.
Anglers and other river users are encouraged to avoid spreading the disease by wearing rubber rather than felt soled boots, and by thoroughly cleaning boots, waders, and boats etc. after leaving a river or stream to avoid moving mud, tubifex worms, or plant material to other waterbodies. Of course, neither live nor dead fish, nor water should be moved from one water body to another.
In addition to helping to prevent the spread of whirling disease, the cleaning of equipment can help prevent the spread of other stream-inhabiting invasive species, such as New Zealand mud Snails, which have been found in Black Earth Creek in Dane County as well as Superior’s Duluth-Superior Harbor and the Waukegan Harbor of Lake Michigan in Illinois. Cleaning equipment can also help avoid the spread of Didymosphenia geminate, commonly known as “Didymo” or “Rock Snot.” Didymo has been found in Lake Superior for decades, and in 2021 was found in seven Minnesota tributaries of Lake Superior. Like whirling disease, these invasives could have devastating effects on Wisconsin’s streams and rivers and their fish populations.
Of course, anglers and others using lakes should be equally cautious in order to avoid transporting AIS from one body of water to another. In addition to the whirling disease parasite, New Zealand mud snails, and didymo, many other invasive species have been spread to Wisconsin’s waters.
Other invasive aquatic plants and animals in Wisconsin include Eurasian water milfoil, zebra mussels, quagga mussels, rusty crayfish, red swamp crayfish, four species of carp, and many more.
The waters of Wisconsin belong to all of us. Many of us have seen the damage done to beautiful lakes that are now infested with enormous mats of Eurasian water milfoil. Please do the best you can to avoid transporting the whirling disease parasite and other AIS to any of our waters. In the case of the whirling disease parasite, once it is in a body of water it may be there forever, as there is currently no way to remove it.
For more information on Invasive Species please visit the Oneida County Land and Water Conservation Department website - https://www.oclw.org/ The staff of that Department work very hard in the fight to stop Aquatic Invasive Species.
By Beckie Gaskill March 27, 2022-Water is not only essential for life but also plays a significant role in shaping the value of real estate properties. Whether it’s a picturesque lakefront property, a suburban home with access to clean drinking water, or an urban apartment overlooking a river, the quality of water can have a profound impact on property values. In this blog post, we’ll dive into the interconnected relationship between water quality and property values, exploring how they influence each other and what implications this has for homeowners, buyers, and communities.
The Importance of Water Quality:
Water quality refers to the chemical, physical, biological, and radiological characteristics of water. It’s a measure of its suitability for various uses, including drinking, recreational activities, agriculture, and supporting aquatic ecosystems. Factors affecting water quality include pollution, sedimentation, nutrient runoff, industrial discharges, and agricultural practices.
Clean and abundant water is not only essential for human health but also contributes to the overall well-being of ecosystems and biodiversity. Conversely, contaminated or polluted water can have detrimental effects on public health, ecosystem health, and economic activities.
Impact on Property Values:
The quality of water can significantly influence the value of real estate properties in several ways:
1. Location Premium: Properties located near bodies of water such as lakes, rivers, or oceans often command higher prices due to the aesthetic appeal and recreational opportunities they offer. Clean and well-maintained water bodies enhance the visual attractiveness of the surroundings, thus increasing property values.
2. Recreational Opportunities: Access to clean water bodies opens up recreational activities such as swimming, boating, fishing, and water sports. Properties with such access are perceived as more desirable and fetch higher prices, especially in vacation or resort areas.
3. Drinking Water Quality: The availability of clean and safe drinking water is a fundamental requirement for homeowners. Properties served by municipal water systems with high-quality drinking water often have higher values compared to those relying on private wells or areas with poor water quality.
4. Environmental Considerations: Buyers are increasingly conscious of environmental issues, including water quality. Properties in areas with well-managed water resources and minimal pollution are preferred, reflecting a growing demand for eco-friendly and sustainable living environments.
Case Studies and Research:
Numerous studies have investigated the relationship between water quality and property values, providing valuable insights into this complex interplay. For instance, research conducted in various regions has shown that improvements in water quality lead to corresponding increases in property values. Conversely, instances of water pollution or contamination have been linked to decreased property values and potential long-term economic losses for communities.
Policy Implications and Community Action:
Recognizing the importance of water quality for property values, policymakers, local authorities, and community organizations play a crucial role in implementing measures to protect and enhance water resources. This may involve implementing regulations to reduce pollution, investing in infrastructure for water treatment and wastewater management, promoting sustainable land use practices, and fostering community engagement in water conservation efforts.
Conclusion:
Water quality and property values are intricately linked, with clean water serving as a valuable asset that enhances the desirability and value of real estate properties. As the importance of environmental sustainability grows, so too does the significance of maintaining high water quality standards. By understanding this relationship and taking proactive measures to protect and improve water resources, communities can not only safeguard public health and environmental integrity but also enhance the economic prosperity and quality of life for residents now and in the future.
Beckie Gaskill is a freelance outdoor and environmental writer as well as a content creator. She runs her own podcast as part of her media company FlaG (Fish Like a Girl) Media. She is a Master Naturalist and sits on the board of several different conservation organizations. She has also started her own digital magazine, The Wisconsin Conservationist. More information regarding that magazine can be found on her website: The Wisconsin Conservationist Magazine – All the news that is important to you (wordpress.com)
By Beckie Gaskill April 23, 2024- April means a great deal of things. It brings Tax Day. It is the start of spring. It brings some of the migratory birds back. It means Wisconsin Lakes and Rivers Convention, most of all!
I attend probably an obnoxious number of conferences each year: The Upper Midwest Invasive Species Conference (UMISC), International Invasive Species and Climate Change Conference (IISCCC), The North American Invasive Species Management Association Conference (NAISMA), the PFAS Summit, and the Wisconsin Wetland Science Conference were all on my list this year. But honestly, Lakes and Rivers Conference always winds up to be my favorite. The content of the conference itself is always a draw. But getting to spend a few days with like-minded people means more than anything.
One of the biggest things I stress to everyone who will listen is that user groups have more in common than our differences. Yes, one of my biggest concerns is the environment and all of the things that fall under that umbrella. But at the same time, I am a hunter and angler. So, for me, I understand that the non-take community and the take community, also known as the “hook and bullet crowd,” have a lot more in common than most people in either group understand. Heck, people within each of those groups, but in different user groups, tend to focus more on their differences than their similarities. Hikers and bikers do not always get along. ATVers and snowmobile communities do not always get along. In the fishing community, “walleye guys” choose not to see eye to eye with “bass guys” and vice versa.
This conference added another layer to these user groups. Honestly, it was one about which I had not thought a great deal – the producer-led watershed people.
“You like food, don’t you?” is an easy way out and, honestly, argumentative, bringing no solutions. It could be easy to say, certainly. We charge our farmers with feeding us all, even if we are angry at those of them who may not be the most environmentally minded.
I spent Friday’s lunch at the Lakes and Rivers Convention with a farmer. I will leave her name out, but she spoke quite a bit about the considerations and adaptations she and her husband had made at their farm, following her father-in-law's original visions for the farm.
“You’d never even know there was a creek on our farm,” she told me and the rest of the lake lovers at the table. Her story gave me pause. As a lake lover myself, but also understanding that farmers are tasked with feeding us all somehow, I have been torn in some respects. What this person brought to light for me was the fact that there are many farmers who do think about the environment, and about water, the same way many of us do.
One of the things I have always believed, when talking with various groups, is that there is “no one” who doesn’t want clean water, or clean air, or habitat for wildlife. And I still believe that it is true today. The difference now is that I can add producers to that group. When I say “no one,” I mean no group as a whole. When we look at a super-hot topic such as wake boats, many may believe that thought erroneous. In some cases that is true, but in other cases it is simply a lack of education.
My point in all of this is that we all have so much more in common than we have differences. We are all living not only on the same planet, but in the same state. We all enjoy the natural resources of the state, and we all not only love, but need, our water most specifically. I would urge anyone reading to take a minute or two to reach out to someone in a different user group – perhaps someone you meet on the trail or at the lake, maybe the person behind you at the sports shop. See what it might be that you have in common. You might be surprised how small of a world in which we all live.
Beckie Gaskill is a freelance outdoor and environmental writer as well as a content creator. She runs her own podcast as part of her media company FlaG (Fish Like a Girl) Media. She is a Master Naturalist and sits on the board of several different conservation organizations. She has also started her own digital magazine, The Wisconsin Conservationist. More information regarding that magazine can be found on her website: The Wisconsin Conservationist Magazine – All the news that is important to you (wordpress.com)
Great Lakes Timber Professionals Association (GLTPA) invites Texas based Pelican River Forest opponent to speak. April 12, 2024- A recent Wisconsin Examiner article by Henry Redman covers Texas based American Stewards of Liberty (ASL) speaker Margaret Byfield's presentation at the GLTPA Spring Celebration. Leader of anti-conservation group speaks at timber conference sponsored by UW-Madison center • Wisconsin Examiner As you may recall, local officials recently attempted to contest privately owned Pelican River Forest easement funding using ASL like concepts. Congressman Tiffany admitted recommending ASL's Margaret Byfield to local officials in a WPR article Pelican River Forest secures funding, but local leaders want federal grant revoked - WPR " Republican Rep. Tom Tiffany, who objected to several land purchases as a state senator, said he suggested local governments work with Margaret Byfield, the executive director for American Stewards of Liberty." Mr. Redman's article shines a bright light on ASL's ideology which was reflected in Byfield's presentation. Notwithstanding the entertainment value, the article must be read to be believed. It is unclear as to how supporting and anti-conservation group benefits local forestry, but GLTPA's response quoted from Examiner article was " Henry Schienebeck, executive director of the GLTPA, said in an email that he wouldn’t comment on what Byfield said during her speech, but said the organization’s members are committed to managing Wisconsin’s forests sustainably."
By Tommy Burrell November 8, 2023- "The Oneida County Planning and Development Committee is revising the County’s Comprehensive Plan. The existing 2013 Plan includes a Public Participation Goal: “[to] inform, consult and involve the public and the communities served during each phase of the planning process.”
At the committee’s October 18th, meeting, I offered a brief “public comment.” In light of the public participation goal, I suggested that the Chapter 2 (“Natural Resources”) discussion of metallic mining would be the perfect place to include the Lynne Mine Referendum — as an indication of public opinion.
See November 2018 Referendum coverage Local Groups (Once Again) Stand Up to Mining Threats - River Alliance of WI (wisconsinrivers.org)
Scott Holewinski, chairmen of the committee and of the Board of Supervisors, did not think that would be appropriate because future supervisors might think that they were bound by it. Mike Timmons, Supervisor, responded that the referendum could be included with sufficient detail.
Sam Wessel, Senior Planner at the North Central Wisconsin Regional Planning Commission, later commented that the Lynne referendum information could be inserted in Chapter Two.
Each chapter of the Plan ends with “Goals, Objectives, and Policies.” Under the existing Plan, Ch 2 (2013), the first Goal is to improve and enhance natural features such as shorelands. The first Policy is to “Conserve and enhance shoreland areas by minimizing impacts from land-disturbing activities.” Holewinski said, “Strike that.” It was not clear whether he meant the policy, the goal or both. He and Mike Roach, Supervisor, agreed that the existing wording could cause a loss of property owner control and value.
Goal 2 of the existing plan is to “Conserve and enhance large tract woodlands and County Forests.” The committee agreed to strike or modify this goal. As written, they feel that it could be used in the future to stop development. Holewinski stated that county forests are already protected. He believes that the reason to have Managed Forest Lands is to save the land for future development. Holewinski opined that the committee needed time to consider all the goals and discuss them further at a later meeting. He commented, “These goals sound like they came out of a magazine.”
Oneida County 2013 Comprehensive Plan link- Microsoft Word - OC Element 1April 2013 (oneida.wi.us)
As you can see, our County Board Supervisors are revamping the Comprehensive Plan to ensure and facilitate future development. The existing plan states that the County public participation goal includes informing, consulting and involving us. However, you feel about these issues, now is the time to let our supervisors and the public know your views.
OCCWA Helpful Reference*
Refer to Wikipedia Comprehensive Plan definition to better understand it's importance.
"Comprehensive planning is an ordered process that determines community goals and aspirations in terms of community development. The end product is called a comprehensive plan, also known as a general plan, or master plan. This resulting document expresses and regulates public policies on transportation, utilities, land use, recreation, and housing. Comprehensive plans typically encompass large geographical areas, a broad range of topics, and cover a long-term time horizon. The term comprehensive plan is most often used by urban planners in the United States.
Each city and county adopts and updates their plan to guide the growth and land development of their community, for both the current period and the long term. This "serious document" is then the foundation for establishing goals, purposes, zoning and activities allowed on each land parcel to provide compatibility and continuity to the entire region as well as each individual neighborhood. It has been one of the most important instruments in city and regional planning since the early twentieth century."
Wisconsin's Waters Belong to Everyone
Wisconsin lakes and rivers are public resources, owned in common by all Wisconsin citizens under the state's Public Trust Doctrine. Based on the state constitution, this doctrine has been further defined by case law and statute. It declares that all navigable waters are "common highways and forever free", and held in trust by the Department of Natural Resources.
Assures Public Rights in Waters
Wisconsin citizens have pursued legal and legislative action to clarify or change how this body of law is interpreted and implemented. Go to the Wisconsin Department of Resources website to watch videos on how individual Wisconsinites have benefited from these efforts.
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