Monday, October 24, 2011

The DNR's Tricks And Treats

Scott Walker said he put Cathy Stepp in charge of the DNR to bring "a chamber of commerce mentality" to the agency," and his Special Senate Bill 24 to put polluters over people advances that plan - - but don't feel sorry for overworked DNR managers there who have to oversee this rollback of 224 years of environmental protection because email traffic at the agency shows they can manage big big fun, too.

I'd discussed this last week, thanks to a plugged-in commenter, but here's the email, and I'm sorry I can't reproduce the cute poster:

Sent:   Wednesday, October 19, 2011 11:30 AM
Subject:        Please join us
This message is sent to all DNR Central Office staff, Darwin Road staff, and Regional Directors:
Come and join us for our 1st annual Halloween Progressive Potluck  
How does it work?
Staff on each floor will be designated a food type to bring.  For example, employees on 8th floor are asked to bring meat or a hot dish which will be set up in a conference room on 8th floor.  The same will happen with each floor.  (See attached poster for food assignments).  Everyone will need to go floor to floor to get a balanced meal (unless you are in the mood for only dessert and you can just stay on 7th floor…)   Don't have time to get something together for the potluck??  Bring a canned good to donate to the food pantry instead. 
And Costume Challenge!
Central Office has challenged the Regions to a costumer competition.  We are asking each bureau and office to take a picture of their staff in costume and forward it to Laurel Steffes.  Pictures will be included in the next e-digest.  Who wins?  You decide.  And the prize?  The pride in believing that your region/office was the best!!
Our Goals?
To have fun
To mingle with staff on different floors
To enjoy some great food

Walker Spending State Dollars To Boost Pre-Recall Standing

If this isn't a personal and partisan use of state funds, nothing is.

Op-Ed Coincidentally Underscores Scott Walker's Assault On Wisconsin's Environment

Funny how things work out.

Little did I know that Scott Walker's proposal to undermine the state's historic role in preserving the environment as a public trust would amplify the point I was making in a Crossroads piece published Sunday, but which I wrote Thursday October 13th - - more than a week before his Senate Bill 24 became news:

Bear lessons

Some Wisconsin folks would do well to read Faulkner's classic story about humans and nature


Two stories in the Journal Sentinel recently took me back to William Faulkner's "The Bear," a powerful short story about people and their relationship to the disappearing Mississippi forests generations ago.

Without spoiling the plot of this great story, suffice it to say that Faulkner sets in motion a diverse group of men who track an almost mythical animal on their annual ritual hunt where they learn things about their connections to the land, and, by extension, to each other.

My essay here would be little more than brief academic nostalgia if the news didn't prove, regrettably, that life indeed can imitate art and leave you wondering about just what makes some of your fellow human beings tick.

Which Scott Walker Story Was Most Ignored Since Friday?

(first posted 7:59 p.m. Sunday) Was it:

*  Projections by his own Department of Revenue and reported on by AP on Friday that Walker will fall far short of the signature, 250,000 new jobs he said he'd create in four years - - a campaign promise and tag line that helped push him across the finish line with just 52% of the vote and routinely gets written into his post-election speeches and releases?

[update: late Sunday night the Journal Sentinel posts a story on which a headline writer pulls the punch: "Walker's job goals may be tough to meet."]

*  Or was it rolling out a bill that would undo a 244-year-old legal tradition in Wisconsin: the guarantee of public access to waterways and shorelines, and the requirement that a  dispute between public access and private access to these common resources be resolved in favor of the public interest, thus ensuring preservation for future generations, too, over dredging, filling and paving?

The Walker bill also freezes any further designation of waterways as scientifically important, with sensitive natural inhabitants, and allows for developmental incursion near, and into them.

A DNR website explains (italics in the original) the law and its evolution into a Constitutional principle, including  this crucial, fine point about public access and usage being superior to private control of waterways which Walker's bill will undermine: 

All Wisconsin citizens have the right to boat, fish, hunt, ice skate, and swim on navigable waters, as well as enjoy the natural scenic beauty of navigable waters, and enjoy the quality and quantity of water that supports those uses /
Wisconsin law recognizes that owners of lands bordering lakes and rivers - "riparian" owners - hold rights in the water next to their property. These riparian rights include the use of the shoreline, reasonable use of the water, and a right to access the water. However, the Wisconsin State Supreme Court has ruled that when conflicts occur between the rights of riparian owners and public rights, the public's rights are primary and the riparian owner's secondary.
I'd say the environmental story has been the less covered, as the AP did a fine job exposing the Revenue Department's projection of the campaign promise failure.

You could write a nifty little essay about Walker's essential shallowness by combining the hollowness of his campaign rhetoric about jobs and his disdain for environmentalism bu simply noting his distortion during the campaign of Tom Barrett's environmental agenda as "radical," when now, in fact, it is Walker who wants to implement a truly radical attack on the environment and law.

Both the job-creating issue and the proposed corrupting of the state's conservation legacy must be driven home to voters as fresh reasons to recall Walker and remove him from an office he is not fit to hold.

Three more years of this destruction of the state's legacy and credibility - - Walker is #1 in Wisconsin this year for PolitiFact ratings with the word "False" - - will leave us rated #50 as a destination and moral beacon.


Sunday, October 23, 2011

New Berlin Community Newpaper Blog Slaps Down Mary Lazich

All I can say about this is - -  wow - - and thanks for the shout out:


Lazich's Lousy Leadership


Ms. Richter has taken on Lazich before. 

 (Note: the aide referenced in the column linked at "Ms. Richter has taken on before" is Kevin Fischer, gone from Lazich's staff earlier this year and is now a Walker administration appointee, serving as spokesman for WHEDA, the Wisconsin Housing and Economic Development Authority, which is essentially a state bank.)

Saturday, October 22, 2011

Rick Perry: Texas Is Burning, So Why Are You Campaigning?

I had posted earlier about Perry's climate change denial, but this piece by Pati Hagan,  (phagan@kitcarson.net) speaks the proverbial 1,000 words:

Long-Time Milwaukee Transit Rider Discovers Business Leaders Dare Not Talk About Buses

Make sure you read Peggy Schulz's great first-hand account of the benefits of the Milwaukee bus system - - a system systematically left out of the business community's publications about the city and how to get around here.

Congratulations, New Berlin: Your GOP State Senator Does You Proud Again

Mary Lazich, thank you for all you do.

Photo of Senator Lazich
State Sen. Mary Lazich, (R-New Berlin)
This time, during the Special Session on Jobs, the ultra-rightwing legislator from New Berlin is promoting...abstinence-only public school 'sex-ed.'

Her last big PR splash: criminalizing prank calls, which earned her a shout out on The Colbert Report.

And kept a full-time staffer and blogger who called the DNR a Nazi organization.

When it comes to major issues, there she went again - - opposing the minimum wage, freaking out about Wisconsin losing "sovereignty" to a Great Lakes water agreement she seemed unaware was about to supply her hometown with its sought-after clean water supply, and claiming that Milwaukee officials who wanted to charge New Berlin a regional cooperation fee for the water were extortionists.

Then there's her objection to the minimum wage, her complaints about not getting enough stimulus funding she opposed, and other follies, here.

[Sunday Update: A local blogger in New Berlin weighs in, calling Lazich's leadership "lousy."]




Classic Friday Bad News Data Dump: State Says Walker 250,000 Jobs Pledge Will Fail Bigtime

So says his own Department of Revenue, but on a Friday, hoping, praying that on a leafy, fall Saturday people will be absorbed with the Badgers, Sunday with the Packers and still distracted Monday with all that water cooler"'how-'bout-them-Badgers-and Packers" talk.

Let's catch you up.

Reports the AP:

The Revenue Department report says Wisconsin employment will not return to the peak of 2.9 million jobs seen in 2008 until early 2015. Even if that pans out, that's only about 100,000 more jobs than when Walker took office.
You could see this coming, as on Thursday, I wrote:

Employment In Walker's Wisconsin Going In Reverse

New negative numbers are making Walker's 250,000 new jobs/10,000 new businesses pledge looking, what...rhetorical at best? Or politically-inspired, unattainable, or fill in the _____________.
Anticipating the inevitable backtracking from his signature campaign promise that helped achieve his 'landslide' at 52% - - a pledge trumpeted right on schedule by every Walker cheerleader with an agenda and a laptop, sample here  - - and given his career-long habit of bobbing and weaving away from responsibilities, I made sure last Monday to post Walker's pledge copied from his campaign website, so here it is for posterity:

And Don't Forget, Scott Walker's 250,000 Jobs Promise Had A Part Two

That would be creating also 10,000 new businesses. That's what he said on very own campaign website, and since he has a poor personal relationship with facts, memory and follow-through, let's make sure we help him remember both parts of the big bumper-sticker promise that helped him win the Governorship.
Check it out for yerselves:

Scott Walker Unveils Plan to Bring 250,000 Jobs and 10,000 New Businesses to Wisconsin by 2015

Tuesday, February 23, 2010

Tells Business Leaders “People Create Jobs, Not Government”

Madison – Scott Walker, Milwaukee County executive and candidate for governor, announced today at the Wisconsin Manufacturers and Commerce (WMC) Gubernatorial Candidate Forum his ambitious plan to bring 250,000 jobs and 10,000 new businesses to Wisconsin by 2015....
Today, Walker is exposed. Circle the date and post it on your refrigerator.

Even the finger-pointing/talking-point word salad served by Walker's spokesman was tired and limp.
"We also need to break through the wet blanket of the national economy," Werwie said. "Our plan is to work together to help the private sector create jobs and remain laser focused on continually improving Wisconsin's business climate."



Most-Read Items Here Last Week - - Political And Environmental Issues, What Else

Thanks to the blog's readers. Here's some feedback on the five most-read here. For what it's worth, I liked items three and four, since I saw them covered nowhere else.


Walker, Not Barrett, Has The Radical Environmental Agenda

Just for the record:

Scott Walker twisted some positions by Tom Barrett into a bogus accusation about a Barrett "radical environmental" agenda, when we now see in the sweeping de-regulation of Wisconsin's waterways in Walker's Senate Bill t24 that he is the radical on the environment.

By diminishing the role of the DNR to enforce the constitutionally-mandated Public Trust Doctrine, Walker's Ruin Wisconsin's Waters Bill will make it easier to fill a wetland, degrade a shoreline, push a structure into a sensitive waterway, and generally, through quickie permit reviews or suspended rule-making keep the public out of waterway use decision-making.

The bill also exposes the sham underway through a special senate committee on mining permits, as Senate Bill 24 will make it easier for mining operations to muck up waterways, and limit any public oversight.

In a state with 224 years of a strong public role in guaranteed waterway use and management, that is some radical stuff.

Citizens United Created One-Man Financing Superiority In North Carolina

The Kochs could do this in Wisconsin with ease, as Scott Walker, as a candidate under recall, can receive unlimited donations.

Friday, October 21, 2011

How Appropriate: Scott Walker Dismantling Something Called "The Public Trust" Doctrine

Hasn't it been the message and practice of his entire administration, from dropping the bomb on collective bargaining, to his inveterate false speaking and now forward to environmental depredation?

Wisconsin DNR Posts Fresh Information About Waukesha Diversion Review

Here is the link; more about its content and significance later.

Ruin Wisconsin's Waters Bill Diminishes Public Interest, Elevates Private Control, Upends 224-Year Practice

Walker's Senate Bill 24 intentionally and ideologically weakens the DNR's role as guardian of The Public Trust Doctrine - -  the mandated supremacy of public water rights in Wisconsin- - a 224-year-old legacy principle enshrined in the State Constitution and affirmed by the State Supreme Court that dates to the Northwest Ordinance of 1787.

The DNR website on the matter explains it, for now, the italics are the agency's, and if you take away one thought from this outrageous attack on the state's heritage, it's this:

"A little fill here and there may seem to be nothing to become excited about. But one fill, though comparatively inconsequential, may lead to another, and another, and before long a great body may be eaten away until it may no longer exist. Our navigable waters are a precious natural heritage, once gone, they disappear forever," wrote the Wisconsin State Supreme Court justices in their opinion resolving Hixon v. PSC.(2)
Also from the DNR website:
As a result, the public interest, once primarily interpreted to protect public rights to transportation on navigable waters, has been broadened to include protected public rights to water quality and quantity, recreational activities, and scenic beauty.(1)
All Wisconsin citizens have the right to boat, fish, hunt, ice skate, and swim on navigable waters, as well as enjoy the natural scenic beauty of navigable waters, and enjoy the quality and quantity of water that supports those uses.(2)
Wisconsin law recognizes that owners of lands bordering lakes and rivers - "riparian" owners - hold rights in the water next to their property. These riparian rights include the use of the shoreline, reasonable use of the water, and a right to access the water. 
However, the Wisconsin State Supreme Court has ruled that when conflicts occur between the rights of riparian owners and public rights, the public's rights are primary and the riparian owner's secondary.(1)

It's The Scott Walker/Ruin Wisconsin's Waters Bill

Truth in labeling for Senate Bill 24, which lets private interests fill, impede, dredge and otherwise diminish  the value and enjoyment of publicly-held waterways, and disturb shorelines, too.

As  I said last year in a blog item and title about Walker's 'plan' for the environment:

Friday, December 31, 2010


The Old DNR Way, Stewardship; The New Walker Way - - "Cut It, Gut It, Pave it, Fill 'Er In"


Bradley Center Limits Shooting To Free Throws

Another restriction on personal freedom.

Be Accurate: "Job-Creators" is Just Another Way Of Saying "Fat Cats"

Watching the brace of wacky GOP candidates in their televised demand more breaks for the top 1% while unemployment stagnates, corporate money goes overseas, and polling shows majority support for the Wall Street Occupiers means "job-creators"needs a more accurate image. I suggest:
http://bigbearlakefrontinfo.com/wp-content/uploads/2010/03/picture-2.png

Senate Bill 24 Demolishes The Public Trust Doctrine, Role Of The DNR

It's Scott Walker's Ruin Wisconsin's Waters Bill:

Read it - -  Senate Bill 24, a radical, Big Government-directed assault on Wisconsin history and the environmental - - and then read about the state constitution's Public Trust Doctrine, which originated in the Northwest Ordinance of 1787 and pre-dates statehood, to understand what it is that he wants to do and undo:

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. Watch how their efforts have benefitted all Wisconsinites: "Champions of the Public Trust" [VIDEO length: 28:02]

As a result, the public interest, once primarily interpreted to protect public rights to transportation on navigable waters, has been broadened to include protected public rights to water quality and quantity, recreational activities, and scenic beauty.(1)
All Wisconsin citizens have the right to boat, fish, hunt, ice skate, and swim on navigable waters, as well as enjoy the natural scenic beauty of navigable waters, and enjoy the quality and quantity of water that supports those uses.(2)
Wisconsin law recognizes that owners of lands bordering lakes and rivers - "riparian" owners - hold rights in the water next to their property. These riparian rights include the use of the shoreline, reasonable use of the water, and a right to access the water. However, the Wisconsin State Supreme Court has ruled that when conflicts occur between the rights of riparian owners and public rights, the public's rights are primary and the riparian owner's secondary.(1)
What are Wisconsin's stream and lake access laws?
Wisconsin's Public Trust Doctrine requires the state to intervene to protect public rights in the commercial or recreational use of navigable waters. The DNR, as the state agent charged with this responsibility, can do so through permitting requirements for water projects, through court action to stop nuisances in navigable waters, and through statutes authorizing local zoning ordinances that limit development along navigable waterways.
The court has ruled that DNR staff, when they review projects that could impact Wisconsin lakes and rivers, must consider the cumulative impacts of individual projects in their decisions.
"A little fill here and there may seem to be nothing to become excited about. But one fill, though comparatively inconsequential, may lead to another, and another, and before long a great body may be eaten away until it may no longer exist. Our navigable waters are a precious natural heritage, once gone, they disappear forever," wrote the Wisconsin State Supreme Court justices in their opinion resolving Hixon v. PSC.(2)

Sources:
(1) Quick, John. 1994. The Public Trust Doctrine in Wisconsin. Wisconsin Environmental Law Journal, Vol. 1, No. 1.
(2) "Champions of the Public Trust, A History of Water Use in Wisconsin" study guide. 1995. Wisconsin Department of Natural Resources Bureau of Water Regulation and Zoning. Champions of the Public Trust - PDF 1,390kb
For more information, contact:
Dale Simon, Waterway Protection Section
Bureau of Watershed Management
(608) 267-9868

Bill To Gut DNR Says No Additional Waterways To Get Special Protections

Good news, Wisconsin: The job-creators are saying through Big Government power  - - and back in January, I said these special interest hires by Walker to run the DNR would kill the state's historic, constitutional Public trust Doctrine that preserves the common stewardship of Wisconsin's waters - - that we have all the trout streams, wild and scenic rivers, endangered or threatened species, sensitive wetlands and waterways with special scientific value or otherwise needing natural resource protection that we will ever need need.

The Public Trust Doctrine pre-dates Wisconsin's Constitution, having been codified in the Northwest Ordinance of 1787, but apparently Walker thinks our work as stewards is done!

Put away your fishing pole and canoes and bring in the dump trucks and the front-end loaders, because we've got some wetlands to fill, rivers to muck up and shorelines to degrade.

In just this one section of Walker's Ruin Wisconsin's Waters Bill - - and remember, this is a "jobs-creating" bill (no, this is a bill to reduce public control of land and water, and to give away public resources, our resources, to private interests, period, for approval by the Legislature before Walker's recall)  - - we read:

Areas of special natural resource interest 
Under current law, certain exemptions for waterway activities do not apply in areas of special natural resource interest (ASNRIs). Current law defines, for purposes of exempting certain waterway activities from the individual and permitting requirements, an ASNRI to be a state natural area, a trout stream or other surface water that is identified by DNR as being an outstanding or exceptional resource water, or an area that has significant scientific value as identified by DNR.
DNR has identified by rule various areas as having significant scientific value,
including wild rice waters, waters that contain endangered or threatened species, and coastal wetlands. This bill incorporates into the statutes most of these areas designated by rule as having significant scientific value and prohibits DNR from identifying waters other than the ones specified in the statutes.
And, the bill allows in another section for easier pier-building into public waterways, including those with the special ASNRI, sensitive/scientific designation:
 Piers and wharves...
Current law also requires DNR to issue statewide general permits that allow
a riparian owner to conduct certain activities on the bed of a navigable water. This
bill requires DNR to issue a statewide general permit to allow a riparian owner to
place a pier or wharf on the bed of a navigable water that is in, or that would directly
affect, an area of special natural resource interest if the pier or wharf meets the
requirements for an exemption for the placement of a pier by a riparian owner.
So more piers - - and maybe mining company structures? - - before waterway preservation and public usage.

If you read what makes up these existing ASNRI resources, you can see that they are all about applying science and stewardship to what makes Wisconsin's environment so attractive to residents and visitors alike, drives the tourist industry and gives Native Americans connection to their heritage.

So we're finished with this preservation work , this fundamental conservation work? We don't need to do anything more?

We are supposed to suspend the use of science to save public, natural resources in Wisconsin - - for the public good? Can't you hear Homer Simpson saying, "Stupid science!"

As predicted:
So the special session - - theater aside - - seems aimed at providing cover for bills to give business a freer hand to fill wetlands and weaken existing environmental protections - - a sure-fire, pre-Walker recall fund-raiser gimme pitched to conservative, corporate activists like the Wisconsin Manufacturing & Commerce and the Club for Growth/Americans for Prosperity.

And, in particular to smooth the way for easier private control of public waterways and land for everything from open pit mining to development to pier-building.
In fact, you could see this coming even before Walker took office. 

And certainly signaled when he said he put Cathy Stepp in charge of the DNR because she had a "chamber of commerce mentality." 

And all this creates jobs, how exactly?

Will vacationers head up north to watch a new strip mall being added in a drained wetland?

It's really the politics of degradation, and pollution, as Paul Krugman notes.

In this unnecessary and ideologically-driven clash between private landowners water-related [riparian] rights, and the public's broader rights through long-standing trust management, Walker and his legislative allies, on behalf of conservative, special interests are saying to the public, without provocation:

Drop dead. We win. You lose. 

Check, please.