This ruling specifically affects the Knowles-Nelson Stewardship Program, which is overseen by the Wisconsin Department of Natural Resources (DNR). For years, the Joint Finance Committee has been able to kill funding for specific DNR projects by simply not acting on funding requests. The court has now declared this practice unconstitutional, reports the Wisconsin State Journal.
Justice Rebecca Bradley, writing for the majority, emphasized the importance of maintaining the separation of powers between branches of government.
“The Wisconsin Constitution vests each of the three branches of government with separate and distinct powers. When one branch challenges the exercise of power by another, the judiciary must ensure constitutional boundaries have not been breached. Safeguarding the structural separation of powers prevents one branch from encroaching upon or seizing the powers of another, averting a gradual concentration of the several powers in the same department,” Bradley stated, as reported by The Monroe Times.
Governor Tony Evers, who filed the lawsuit last year, hailed the decision as a victory. He argued that the committee’s actions created “legislative vetoes” that allowed a small group of lawmakers to change existing state law without going through proper channels. The court agreed, stating that this practice oversteps legislative authority and interferes with the executive branch’s power to carry out laws.
The court’s decision opens the door for previously stalled conservation projects to move forward. Since 2019, 27 projects have been blocked or stalled by the committee, despite receiving initial approval from the legislature. The DNR may now have more autonomy to proceed with these and future efforts.
While the court’s ruling specifically addressed conservation projects, it may have broader implications. There are ongoing disputes over the JFC blocking funds for other programs, including efforts to address PFAS contamination in water, school literacy, and funding for healthcare in west central Wisconsin following the closure of two hospitals.
The Wisconsin State Journal article was also published by The Chippewa Herald and Kenosha News.
Featured image by Warren LeMay, 2023
