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State’s high court rules Legislature can’t block conservation funds after they’ve been budgeted

The Wisconsin Supreme Court ruled that the Joint Finance Committee's use of its power to block state spending on land conservation projects after the money has been budgeted is unconstitutional.

The Wisconsin Supreme Court has sided with Governor Tony Evers, striking down laws that let the legislature’s Joint Finance Committee (JFC) block spending on land conservation projects under the Knowles-Nelson Stewardship Program, reported the Wisconsin Examiner. The case, brought by Governor Evers in October, named the program as one of three examples of alleged interference by Republican-led legislative committees.

Created in 1989, the Knowles-Nelson Stewardship Program allows the Department of Natural Resources (DNR) to increase public access to natural resources through land purchases, recreational property development, and grants to local governments, friends groups, and nonprofit organizations. But since 2019, JFC has blocked nearly one-third of the program’s proposed conservation projects, reports Platteville-based WGLR.

In a 6-1 ruling, the court said that laws allowing JFC to intervene in specific grants “interfere with the executive branch’s core function” and “violate the constitutional separation of powers.” The majority opinion, written by conservative Justice Rebecca Bradley, stressed that while the legislature can create agencies, define their powers, and give out funds, the executive branch has the power to spend those funds according to the law.

The court’s decision is expected to have major implications for Wisconsin’s environmental conservation efforts and may set a precedent for addressing the balance of power between the executive and legislative branches in the state.

Although the July 5th ruling focused on the Knowles-Nelson Stewardship Program, Governor Evers’ lawsuit also raised concerns about the legislature’s power to block rules and withhold budgeted raises for University of Wisconsin employees. These issues are still pending and the court has asked parties to file legal briefs discussing the impact of the current decision on these matters.

This story was also published at The Racine County Eye and WJFW.

Featured image by Jay Brittain/The Conservation Fund.

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