Supreme Court rules legislature can’t block environmental funds

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The Wisconsin Supreme Court ruled that the Wisconsin Legislature’s budget committee can’t block the expenditure of conservation funds from the Knowles-Nelson Stewardship Fund, according to the Associated Press.

The Legislature created the stewardship program in 1989. The state Department of Natural Resources uses money from the program to fund grants to local governments and nongovernmental organizations for environmental projects. The gubernatorial cabinet agency also uses money from the program to acquire land for conservation and public use. The Legislature has currently authorized the agency to spend up to $33.2 million in each fiscal year through 2025-26 for land acquisition, according to court documents.

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.

The Legislature gave the executive branch the power to distribute stewardship money when it established the program, Justice Rebecca Bradley wrote in the majority opinion. Once that power was conferred, lawmakers lacked authority to reject decisions on how to spend the money short of rewriting spending laws, she wrote.

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Critics of the program argue that it takes land off of local property tax rolls and inhibits development, especially in rural areas. The Joint Finance Committee had used its rules to block land purchases after closed meetings and allow an objection from a single unidentified committee member to delay or deny expenditures.

The Supreme Court did not address broader questions that were part of an initial lawsuit filed by Gov. Tony Evers objecting to “legislative vetoes.”

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