The Bad River in Mellen, south of the Bad River Band's reservation. (Henry Redman | Wisconsin Examiner)

The Bad River Band of Lake Superior Chippewa filed a lawsuit Tuesday against the U.S. Army Corps of Engineers, challenging the corps’ decision to grant a permit allowing the oil company Enbridge to reroute its Line 5 pipeline around the tribe’s reservation in northern Wisconsin

The lawsuit, filed in the Washington D.C. federal circuit court, is another step in the long legal history of the Enbridge pipeline and the company’s effort to move it from its current route through the tribe’s land. The tribe is asking that the permit approval be vacated. 

In October, the corps approved Enbridge’s permit to reroute the pipeline off the reservation despite significant public opposition. 

The new route moves the pipeline south but it still runs across land on three sides of the reservation and crosses the Bad River upstream of the reservation. The permit was approved as the administration of President Donald Trump has moved to more aggressively support oil and natural gas projects. Earlier in the year, the corps approved a fast-tracked permitting process for Enbridge to construct a tunnel across the Straits of Mackinac so Line 5 can cross from Michigan’s Upper Peninsula to its Lower Peninsula. 

The tribe’s lawsuit alleges that the corps violated the National Environmental Policy Act, Clean Water Act and the Administrative Procedure Act by not properly conducting required environmental reviews or following the proper procedures. 

“For hundreds of years, and to this day, the Band’s ancestors and members have lived, hunted, fished, trapped, gathered, and engaged in traditional activities in the wetlands and waters to be crossed by the Project,” the lawsuit states. “The Project would encircle the Reservation on three sides and damage areas the Band highly values for their ecological and cultural significance. The Corps’ failure to properly review and address the Project’s environmental impacts to wetlands and waterways harms the Band’s interest in maintaining its Reservation homeland and resources in the ceded territory.”

The lawsuit alleges that the corps violated the NEPA by not giving proper consideration to the “environmental effects of construction, maintenance, and operation of the Project,” including how it will harm the health of resources on and near the reservation. 

Under the Clean Water Act, the corps cannot approve permits until the state or tribal government responsible for water quality in the project area certifies the project won’t harm the local water. While the Wisconsin Department of Natural Resources did previously approve the state permits for the Line 5 reroute, those permits are currently being challenged in a separate legal process. 

The tribe alleges in the lawsuit that the corps should not have moved forward with its permits until after the state process is complete.  

[The corps] violated the Clean Water Act by issuing the Permit without ensuring that construction and maintenance of the Project would not adversely affect Wisconsin and the Band’s water quality,” the lawsuit states. “This includes issuing a … permit while the required … state water quality certification is not yet final, pending state administrative proceedings; without addressing the inadequacies the Band identified with Wisconsin’s Water Quality Certification; or ensuring compliance with the Band’s water quality standards.” 

The lawsuit also states the permit approval does not address how the project construction will affect the tribe’s “ability to exercise treaty-protected rights to hunt, fish, trap, and gather in ceded territory,” “failed to evaluate the risks and impacts of oil spills along the pipeline route” and “failed to evaluate the risks and impacts of blasting as a construction method.” 

In a statement, tribe chairwoman Elizabeth Arbuckle said the tribe would do whatever it can to protect the health of the Bad River, Lake Superior and surrounding watersheds. 

“For more than a decade, we have had to endure the unlawful trespass of a dangerous oil pipeline on our lands and waters,” Arbuckle said. “The reroute only makes matters worse. Enbridge’s history is full of accidents and oil spills. If that happens here, our Tribe and other communities in the Northwoods will suffer unacceptable consequences. From the Bad River to Lake Superior, our waters are the lifeblood of our Reservation. They have fed and nurtured our Tribe for hundreds of years. We will do everything in our power to protect them.”

Enbridge spokesperson Juli Kellner said in an email that while the Army Corps made an initial permit decision, it has not been signed by the corps or the company and therefore isn’t a final decision that can be challenged in court. She said the company would intervene in the lawsuit to defend the permit approval. 

“Enbridge submitted permit applications to state and federal regulators in early 2020 to build a new segment of pipeline around the Bad River Reservation,” she said. “Enbridge’s permit applications are supported by thorough and extensive environmental analysis and modeling by leading third-party experts confirming project construction impacts will be temporary and isolated, with no adverse effect to water quality or wetlands.”

Voters at the Wilmar Neighborhood Center on Madison's East Side cast their ballots. (Henry Redman | Wisconsin Examiner)

The Wisconsin Elections Commission on Thursday denied a demand from the U.S. Department of Justice for the state’s full voter registration list, including personally identifiable information such as dates of birth, driver’s licenses and Social Security numbers. 

At a special meeting Thursday afternoon and in a letter sent in response to the DOJ demand, WEC stated that Wisconsin law explicitly prevents the commission from sharing the personal information of voters. 

“The U.S. DOJ is simply asking the commission to do something the commission is explicitly forbidden by Wisconsin law to do,” commissioner Don Millis said. 

This is the second time this year the DOJ has requested Wisconsin’s voter database. Both times, the department has been informed that Wisconsin state law requires that the commission charge a fee to obtain the list. 

Since the summer, the DOJ has requested the voter databases of several states — raising concerns over why the department is seeking massive amounts of voter data, especially as President Donald Trump has remained fixated on conspiracy theories that his 2020 election loss was rigged. 

In its demand for the data, sent Dec. 2 as a “confidential memorandum of understanding” the department said it was seeking the data to check if Wisconsin is properly complying with the National Voter Registration Act and the Help America Vote Act.

VRLData Sharing Agreement DOJ-WI

“The Justice Department is requesting your state’s [Voter Registration List] to test, analyze, and assess states’ VRLs for proper list maintenance and compliance with federal law,” the memo states. 

However the WEC response questions the authority with which DOJ is asserting its right to the records. For one, Wisconsin is exempt from the NVRA because it offers same-day voter registration at polling places. Also, WEC wrote in its response letter that HAVA does not grant the DOJ access to confidential voter data. 

Compliance with HAVA and the thoroughness of states’ compliance with voter list maintenance requirements have become regular talking points among Republicans who say they’re concerned that there are thousands of people who have active voter registrations when they should be ineligible to vote because they’ve moved, died or otherwise are unable to cast a ballot. 

The sources of those complaints include the Wisconsin Institute for Law & Liberty, a right-wing law firm that in October sent a letter to the DOJ asking for the department to assess Wisconsin’s compliance with HAVA. 

WEC has said repeatedly that the commission and Wisconsin’s municipal election clerks are properly maintaining the voter rolls. They’ve also noted that the concerns are often overstated because even if a voter is ineligible and their file is deactivated in the database, their name will still appear in the system.

WEC Letter – Resp to 12.2.25 DOJ Correspondence

“The joint effort between state and local election officials enhances the integrity of the system by ensuring responsibilities are distributed across thousands of officials in every city, village, and town, rather than concentrated among a small handful of state employees in the Capitol,” the WEC response letter states. “The vast majority of list maintenance work consists of routine updates, and the processes also serve to identify attempts at wrongdoing. Each year, Wisconsin election officials at all levels of government identify and refer to criminal prosecution: felons attempting to vote, double voters, non-citizens, and others trying to circumvent election law.” 

In the WEC decision to deny DOJ’s request as well as to release the DOJ memo and the response letter, Republican commissioner Bob Spindell was the lone vote against. Spindell pointed to a provision of state law that allows WEC to share restricted information in the voter database with law enforcement agencies. Spindell has often used his role on the commission to indulge conspiracy theories and cast doubt on the security of the election system. 

“This is a highly, highly controversial issue throughout the country at this point in time, and my point of view is that this information can be released,” Spindell said. “I believe that through the HAVA Act, the federal government has the appropriate ability to see if we’re doing everything that’s correct and OK. I’ve talked forever about we need to have, in the state of Wisconsin, an independent audit, or whatever, of the registration list to satisfy the many individuals and groups and so forth that question it. And all HAVA is doing here, the federal government is asking for a chance to take a look at us.” 

But commissioner Mark Thomsen said there is no way that a provision meant to help law enforcement find information about suspects in criminal investigations could be interpreted to mean WEC can give the personal information of every Wisconsin voter to the federal government. 

“Our rights as commissioners are limited by the Fourth Amendment, by state law itself,” Thomsen said. “Mr. Spindel is just flat out wrong that this one provision that he relies on would allow us to legally give Wisconsin citizens’ private information off to someone for some unknown reason. It’s not just a person that’s suspected of a crime, it’s everybody, and Wisconsin has never stood for the proposition that any government is entitled to all this data anytime someone asked. So I think Bob, you’re just making up the law there.”

As power-hungry data centers proliferate, states are searching for ways to protect utility customers from the steep costs of upgrading the electrical grid, trying instead to shift the cost to AI-driven tech companies. (Dana DiFilippo/New Jersey Monitor)

Midwest Environmental Advocates filed a lawsuit Tuesday against the Wisconsin Public Service Commission seeking to force the release of unredacted documents showing how much electricity will be used at Meta’s planned data center in Beaver Dam. 

In a news release, MEA said it had sought electrical load projections for data center projects in Beaver Dam and Port Washington in an October open records request. The PSC initially provided the firm with versions that redacted the electrical load information. MEA sent a follow-up request seeking unredacted versions of the document. 

The PSC sent the unredacted version of the Port Washington project but denied the request for the Beaver Dam project, claiming it contained trade secrets. 

Wisconsin’s open records law allows government agencies to deny records requests if the information within the document is a trade secret, however MEA disputes that the amount of energy Meta plans to request for its data center counts. 

“It appears the PSC is unlawfully withholding this information because either Meta or a public utility is claiming the electricity demand for the data center is a trade secret,” MEA legal fellow Michael Greif said in a statement. “We call on Alliant Energy, American Transmission Company and Meta to be forthright with the public about their plans. These companies are asking a lot of the public and the public deserves, at least the very least, basic information about the data center’s massive energy needs.” 

Data center projects across the country are often shrouded in secrecy. A study in Virginia found that at least 80% of local governments involved with data center proposals had signed non-disclosure agreements with the data center companies — though it’s unclear how an NDA would be enforceable against Wisconsin’s public records laws. 

Earlier this year, MEA filed a separate lawsuit to force the city of Racine to release records related to the projected water use at Microsoft’s planned data center in Mount Pleasant.

The roof of the Hotel Verdant in Downtown Racine is topped with a green roof planted with sedum and covered with solar panels. (Wisconsin Examiner photo)

A Wisconsin Senate Committee held a public hearing Tuesday on a bill that would allow private companies to construct small solar projects on underutilized farmland and commercial rooftops across the state. 

The bill, which would encroach on the monopoly the state’s existing utility companies are allowed to maintain under state law, is being considered while people across the country worry about rising energy costs amid a boom in the construction of data centers and the increased use of electric vehicles and appliances. 

Environmental groups in the state have also regularly complained that the utility companies aren’t constructing enough renewable energy projects or sunsetting existing coal and natural gas power plants quickly enough. 

The bill, authored by Sen. Patrick Testin (R-Stevens Point) and Rep. Scott Krug (R-Nekoosa), would allow people in Wisconsin to subscribe to get some of their power from a local “community solar” installation. The subscribers would receive credits they can put toward their utility bill. Because the power developed at the local solar installation will still need to travel through the utility company’s infrastructure, the bill includes a provision that all subscribers to the program would have to pay at least $20 per month on their electric bill. 

In the hearing of the Senate Committee on Transportation and Local Government, the bill’s authors said allowing community solar projects would increase people’s energy choices while allowing the expansion of solar power in the state that avoids the objections from local residents that often come with large, utility-scale solar projects. 

“This change will open a new market sector in a high energy industry, attract economic investments in Wisconsin, create local jobs, drive innovation and competition, and ultimately save consumers and small businesses money on their energy bills,” Testin said. 

But the authors also acknowledged there is still a lot of disagreement over the details and the bill is not yet in its final form. 

“We’re not exactly there yet. We’re not all agreeing on this being the best way forward just yet, but this public hearing is a really important step to vet that out a little bit more to get us closer to that answer,” Krug said. “So yes, there are still some kinks to work out between the utilities and individuals who want a more market-based approach to solar. I hope we can work through those issues here.”

Over the hearing’s three and a half hours, the testimony split among two groups — the utility companies who are opposed to the bill and a coalition of solar companies, economists, farmers and employers who are in favor. 

The utility companies accused the bill of creating a “shell game” that would lower the costs for the subscribers of a given project while raising electric bills for everyone else. Zack Hill, testifying on behalf of Alliant Energy, said the utility estimated that community solar would result in an additional $8.75 billion in costs for ratepayers over the next 25 years. 

“How does [the bill] pay for subscribers 10 to 20% energy savings? The short answer: It will shift costs to your other constituents,” Hill said. “Some have said this sounds like community solar voodoo economics, but all you have to remember is this, when a company promises you a discount, someone else has to pay for it.”

People in favor of the bill argued that the generation of more energy could only help lower energy costs while disputing the utility companies’ claims. Will Flanders, the research director at the conservative Wisconsin Institute for Law and Liberty, also said the utilities’ estimates undervalue the benefits that community solar can add. 

“This is a model that expands energy choice without large subsidies, without mandates, without turning more power over to monopoly utilities,” Flanders said. “In fact, it introduces competition at a time when Wisconsin needs it the most.” 

“We argue that community solar can deliver net savings to the entire system,” he continued. “When we talk about a shell game, what we’re really saying is there’s no real additional resources being put into the system, but obviously there is additional resources being put in when we have these with these programs in place.” 

Karl Rabago, a Denver-based energy consultant who testified with Flanders, said that the Alliant $8.75 billion estimate amounted to a threat that if the utilities don’t get to sell the energy, they’ll charge consumers for that loss. 

“No one knows where this number comes from, but having seen how utilities make their case in other states, I am 99.9% confident they are basically saying, ‘If we don’t get to make the electricity and sell it, we could potentially lose $8.75 billion and and if we don’t make that money, we’re going to charge you for it anyway,’ and that’s how customer costs could go up,” Rabago said. “That’s the most likely explanation for a histrionic number. The utility position, to summarize, seems to sound a bit like ‘let us do it all and no one gets hurt.’ We’ve heard those kinds of exhortations. Monopolies do it particularly well.” 

Toward the end of the hearing, a number of Wisconsin property owners testified, touting the benefits they’ll receive if they’re able to allow solar projects to be constructed on their land. 

Duane Hinchley, a Cambridge dairy farmer, said community solar is an “innovative solution” that can give farmers a stable income to hedge against the risks in the agriculture business. Plus, he said, allowing farmers to participate will prevent land that has been farmed for generations from being developed into subdivisions. 

“With the right policies in place, our state’s proud agricultural heritage can be a cornerstone of Wisconsin’s clean energy future,” Hinchley said. 

But throughout the day, lawmakers from both parties appeared skeptical of the bill’s benefits. 

Sen. Van Wanggaard (R-Racine) said repeatedly he didn’t understand how the program would work for the utility companies. 

“It sounds like a shell game to me,” he said. “I just, I’m really having a challenge with trying to figure out how that would work, because it would seem to me that the energy company, the regulated company, is the one that’s going to be footing the bill for this.” 

Sen. Mark Spreitzer (D-Beloit) questioned how the program wouldn’t eventually raise energy costs for non-participants, but said one selling point for the bill was that it would encourage the increased development of renewable energy. 

“I heard you say this is going to force more solar to be built, whether or not you need it,” Spreitzer said to a utility company representative. “And I guess that, to me, is the one selling point of the bill. Is that I look at where we’ve been in the landscape lately, where we have, unfortunately, federal incentives for solar that are going away. We have increasing demand for power from data centers. We’re seeing new natural gas plants get built. We’re seeing coal plants not being retired, when we hoped they would. To me, there’s plenty of need for solar.” 

If the utility companies won’t support a community solar proposal, Spreitzer wondered, what do they need from the Legislature to encourage more solar development? 

“And so if we’re not going to go down this route, what are the incentives that you all need to make sure that we can continue to drive solar development without increasing rates for customers and without saying, ‘let’s go build a natural gas plant instead?” he asked. 

Anti-rights of nature bill 

Also on Tuesday, the committee heard testimony on a bill from Sen. Steve Nass (R-Whitewater) that would prohibit local governments in Wisconsin from enacting “rights of nature” ordinances, which grant natural elements legal rights that can be protected in court. 

Nass said in his testimony that the idea is anti-American and is contrary to the values of the U.S. Constitution.

“This is a radical departure from our current law. Rights are something that human beings have,” Nass said. “This concept of granting nature rights is something that has been done primarily in foreign countries … and many of these countries lean dramatically towards socialism and communism, and their attitude is not compatible with private property rights in our country.”

But proponents of rights of nature resolutions frequently point to the fact that corporations are granted rights under U.S. law. Communities including Green Bay and Milwaukee have passed or begun drafting rights of nature ordinances and some Democratic lawmakers have introduced a bill that would grant Devil’s Lake State Park some rights that can be protected in court. 

In a statement after the hearing, Rep. Vincent Miresse (D-Stevens Point), one of the co-authors of the Democratic proposal, wrote, “As we heard from advocates today, Rights of Nature is one of the strongest tools local governments have to protect clean air, clean water and healthy soil for future generations — so that our grandchildren, and their children after them, can drink our waters, eat food grown in our soils, and hunt in our forests.”

An oak savannah in southern Dane County that the Badgerland Foundation is working to conserve using Knowles-Nelson Stewardship funds (Photo by Henry Redman/Wisconsin Examiner)

The looming shutdown of Wisconsin’s decades old Knowles-Nelson Stewardship Grant program has put conservation projects across Wisconsin at risk as land trusts attempt to muddle on without the program that has protected more than 700,000 acres of land in the state. 

Without the stewardship fund, projects to conserve 1,300 acres of Northwoods forest near the headwaters of the Wisconsin River in Vilas County, hundreds of acres of “ecologically significant” wetlands in Door County and dozens of acres of prairie and grassland in Dane County could go unfinished. 

“It’s a bit bleak and it’s so disheartening to know that there’s so many beautiful, wonderful places kind of on the chopping block right now all across the state,” says Emily Wood, executive director of the Door County Land Trust. “It’s not just us. We hear from our partners that there are hundreds and thousands of acres that are just not going to be protected if [the program] goes away, and that’s going to have such an impact, domino effect, on future generations.” 

The Knowles-Nelson Stewardship fund was created in 1989 to fund land conservation in Wisconsin. The program provides grants to local governments and non-profits to cover some of the costs for purchasing and conserving land that can be used for recreation, preserving animal habitats and supporting local industries such as forestry. 

The program enjoys massive bipartisan support, yet in recent years, some Republicans in the state Legislature — largely from communities in the northern part of the state — have grown hostile to it, claiming that the program has too often been used to fund the purchase of land up north, depleting local tax bases. 

Republican legislators have also complained that they no longer have oversight over the Department of Natural Resource’s management of the program after a Wisconsin Supreme Court decision last year found that the Legislature had given itself an unconstitutional veto authority over the DNR’s grant decisions. 

Several attempts have been made to save the program from expiring next summer. In his initial state budget proposal, Gov. Tony Evers asked to extend the program for ten years with $100 million in annual funding. Republicans stripped that provision from the budget immediately. 

Rep. Tony Kurtz (R-Wonewoc) and Sen. Patrick Testin (R-Stevens Point) have authored a bill that would extend the program for four years at $28 million per year. The bill also includes a provision that would require the full Legislature to approve any land purchases that cost more than $1 million — a proposal that critics say would be far too slow for the speed at which real estate transactions need to move. 

A separate proposal from Sen. Jodi Habush Sinykin (D-Whitefish Bay) would re-authorize the program for six years at $72 million per year and create an independent board made up of members appointed by the Legislature to approve large land purchases through the program. 

But there has been little progress made on advancing either proposal and now conservation groups are trying to plan for the next year without the support that Knowles-Nelson has traditionally provided.

Wood says that her organization is trying to protect the landscape in one of the most ecologically significant parts of the state. The challenge for her group is that Door County’s natural beauty draws tourists and increased development, yet too much development would damage the natural beauty. 

The Door County Land Trust has protected more than 5,000 acres of land in the county and Knowles-Nelson has covered half the cost in nearly every transaction, according to Wood. With the program shuttering next year, three projects totaling about $1 million — all of which scored highly on the DNR criteria — are at risk. 

“The county as a whole receives a ton of money from the Knowles-Nelson stewardship fund, because we are so geared towards tourism and access to natural resources,” she says.  The stewardship fund is critical for Door County to continue “to be the county that you know, everyone expects us to be when they get in the car and come up here.” 

Near the southern border of Dane County, Filip Sanna and the BadgerLand Foundation are working with the Driftless Area Land Conservancy and The Prairie Enthusiasts to protect and restore vital oak savannah and prairie in southern Wisconsin. 

Hundreds of years of agriculture have all but destroyed the native prairies in what was once one of the most ecologically diverse regions in the world.

The foundation has already conserved and gifted to the Driftless Area Land Conservancy hundreds of acres between Belleville and New Glarus that will soon be open to the public for hiking and hunting and used for sustainable practices such as regenerative agriculture. But future plans are threatened by the looming loss of stewardship funds. 

Recently, a tract of about 30 acres became available on the market within an area environmental groups have targeted as important for protecting grassland bird habitat. The Prairie Enthusiasts wanted to conserve the land but funds through the stewardship program wouldn’t be available fast enough. So the BadgerLand Foundation and the Prairie Enthusiasts reached an agreement in which the foundation would purchase the land and then sell it to the Prairie Enthusiasts once the stewardship grant comes through. 

Now those funds are uncertain and Sanna says it could sidetrack future plans.

One of the arguments Republican legislators have often made against the Knowles-Nelson program is that more populated areas in the southern part of the state should bear more of the land conservation burden. 

But the program dying off could jeopardize land conservation in the population centers because land is more expensive there. Dane County’s recently enacted 2026 budget doubled the size of the county’s conservation fund from $5 million to $10 million. That, Sanna says, can be a Band-aid for now. But county and local governments are facing their own budget challenges and smaller counties won’t be able to step into the DNR’s conservation shoes. In many places, the local governments are also dependent on stewardship program funds to conserve and maintain public land. 

“One of the responses we have to the uncertainty about Knowles-Nelson is to try to look to the county level and then some combination of county funding and private donations,” Sanna says. “That might work in Dane County, where we have a relatively strong tax base. But if you go to the neighboring counties around, Green and Iowa and Lafayette and all of those counties, that’s probably not an option.” 

“if [Knowles-Nelson] dies, the next step is going to be, now you’re going to have nice parks around all the wealthy people, but all the rest of Wisconsin that is smaller population centers that’ll just be like towns, rural housing, farmland, private land,” he continues. “There won’t be public land.” 

Way up in Vilas County, in the part of the state where the fight over land conservation has been most heated, a handful of administrative delays might end up killing a 1,300 acre conservation project because stewardship funds will no longer be available. 

The Northwoods Alliance and Partners in Forestry are working together to use federal and Knowles-Nelson funds to preserve two tracts of land west of the town of Land O’ Lakes. Joe Hovel, director of Partners in Forestry, says the project would include trails as part of the extensive Wilderness Lakes bike path system. 

Because the real estate deal on the project got delayed, and the slow speed at which the state and federal government have moved, it’s likely that the chance to use Knowles-Nelson dollars has already passed. 

Hovel says the complaints about land conservation up north discount the economic value of protecting the land for recreational uses. 

“It’s really short sighted in a sense that there isn’t enough respect for the recreational value of this land conservation stuff,” Hovel says. “The value of public access conservation land dwarfs, I mean it literally dwarfs, the value that timber revenue brings in.” 

A report from the Outdoor Recreation Roundtable found that recreation on federal public lands generates $128.5 billion in economic activity every year. All the logging on federal land generates $200-300 million per year.

The Legislature has just over six months to extend the program. Wood says it would be a self-inflicted wound if elected officials allow a program that other states look to as a model to expire. 

“It’s so disheartening to hear that the fund that has had so much success over the years, that other states look to how to fund conservation, they look to Wisconsin’s model on how to do it, and that we as a state, that same model is going to go down just because of partisan gridlock,” she says. “We really just need to keep it alive because funding it in a later year, or coming back and making changes to make it better are way more possible if it’s an existing program.” 

“But coming up with another one from scratch, it just seems like it would be an impossibility. So right now, it does feel like we are just screaming to keep it, just keep it alive. Just don’t kill it.”

A woman is detained by federal agents after exiting a hearing in immigration court at the Jacob K. Javitz Federal Building on Sept. 3, 2025, in New York City. (Photo by Michael M. Santiago/Getty Images)

The Wisconsin Supreme Court on Wednesday agreed to hear a lawsuit from the immigrant-rights group Voces de la Frontera against the authority of the state’s county sheriffs to hold people in county jails based on detainers from U.S. Immigration and Customs Enforcement. 

The lawsuit from Voces will be immediately heard by the Supreme Court as an original action, meaning it won’t begin at the circuit court level and work its way up to the Supreme Court. The case comes as jurisdictions across the country wrestle with the effects of the Trump administration’s increased immigration enforcement and the level to which local law enforcement should participate.  

Courts in New York, Massachusetts, Minnesota and Montana have previously ruled that state law bars local law enforcement officers from complying with federal immigration detainers. A state law in Illinois prohibits local cooperation with federal immigration agents. 

Here in Wisconsin, more than a dozen county sheriffs offices have signed 287(g) agreements with ICE that grant sheriff’s deputies some immigration enforcement authority, including the ability to question people in custody about their immigration status and hold people in jail under federal detainers. 

The Dodge County sheriff maintains an agreement with the federal government to hold many types of federal detainees in the department’s jail — including immigrants. That agreement includes sheriff’s deputies transporting detained migrants to and from a controversial ICE facility in Broadview, Ill. 

Some departments in the state, including Madison and Milwaukee, have explicitly said they won’t cooperate with federal immigration efforts. 

Voces’ lawsuit argues that state law does not give Wisconsin law enforcement officers the authority to conduct civil immigration enforcement. 

In accepting the case, the Court said it would consider whether Wisconsin sheriffs have the authority to arrest people as part of a civil immigration enforcement action and how 287(g) agreements affect the application of state law. 

Departing from usual practice in which state Supreme Court decisions to accept cases are unsigned, conservative Justices Annette Ziegler and Rebecca Bradley dissented from the decision to hear the case. 

In a written opinion, conservative Justice Brian Hagedorn wrote Supreme Court rules state it takes four justices to agree to accept an original action and that normally these decisions are unsigned to prevent observers from inferring if the justices hold pre-established views on an issue. He added that just because some justices publicly dissented, that does not reveal how every justice voted in the decision to accept the case. 

“The public may begin to infer that if a justice does not publicly dissent to an order granting review in a case, that justice has joined the order taking the case,” he wrote. “That assumption would be unwarranted. Even if some of my colleagues publicly record their dissent, as in this case, that does not necessarily reveal which justices voted for or against the petition in closed conference. A grant order simply means the requisite number of justices voted to grant a petition — in this case, four —nothing more.”

Under Wednesday’s order, Voces has 30 days to file a brief in the case.

Wisconsin Supreme Court Chief Justice Annette Ziegler addresses the Wisconsin Judicial Conference Wednesday. (Screenshot | WisEye)

Wisconsin Supreme Court Justice Annette Ziegler misquoted a U.S. Supreme Court ruling in a recent dissent, stating that the country’s highest court said the opposite of what it ruled in a 2023 redistricting decision. Ziegler’s opinion pushed back against  the state Supreme Court’s decision to appoint a pair of three-judge panels to decide challenges to Wisconsin’s  congressional maps. 

On Nov. 26, the Wisconsin Supreme Court ruled 5-2 that two lawsuits alleging the state’s congressional maps are unconstitutional should be heard by the panels because of a 2011 law requiring that action. The Court’s four liberal justices were partially joined in the decision by conservative Justice Brian Hagedorn, who wrote in a concurring opinion that he disagreed with the majority’s decision to appoint the six judges who will sit on the panels. 

In a dissenting opinion written by Ziegler and joined by Justice Rebecca Bradley, the two conservatives argued the decision was made “in furtherance of delivering partisan, political advantage to the Democratic Party.”

But Ziegler wrote in her opinion the U.S. Supreme Court had recently affirmed that “the role of state courts in congressional redistricting is ‘exceedingly limited.’” 

Ziegler cited the Court’s 2023 decision in Moore v. Harper — which was about the North Carolina Supreme Court’s authority to weigh in on congressional redistricting. The phrase “exceedingly limited” does not appear once in the decision.  In that case, a 6-3 majority of the Supreme Court found the opposite of what Ziegler claimed.

“State courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the Elections Clause,” Chief Justice John Roberts wrote in the majority opinion. 

The misquote was first reported by Slate and Urban Milwaukee’s Bruce Murphy. 

The day after the decision was published, the opinion was withdrawn from the state court’s website and replaced with a different version. The change wasn’t publicly acknowledged by the Court and only removes the quotation marks around the phrase “exceedingly limited.” The correction does not change Ziegler’s mischaracterization of the decision in Moore v. Harper.

Rob-n-Cin farms has expanded to become a concentrated animal feeding operation. Environmental groups and local residents have filed a petition against the DNR's decision to grant the farm a wastewater discharge permit. (Photo by Darren Hauck/Getty Images)

Two environmental groups filed a petition late last month challenging the Wisconsin Department of Natural Resources’ decision to grant a permit allowing a West Bend dairy farm to operate as a concentrated animal feeding operation (CAFO). 

The dairy, Rob-n-Cin Farms, has been operating as a CAFO for several years without a permit. Under state law, CAFOs are required to obtain Wisconsin Pollution Discharge Elimination System (WPDES) permits, which regulate the pollution industrial activities such as factory farms are allowed to discharge into local waterways. 

CAFOs are industrial farming facilities with more than 1,000 animal units — one animal unit is equivalent to a 1,000-pound cow. Rob-n-Cin plans to expand its herd from 1,300 cows to 2,000. After expanding, the herd will produce more than 18 million gallons of manure every year which the farm plans to  spread on fields in Ozaukee and Washington counties. 

In 2023, the DNR investigated the farm for operating as an unpermitted CAFO and issued a notice of noncompliance against the farm. 

Since then, Rob-n-Cin has been going through the process to obtain a permit, drawing complaints from local residents and community groups. Those complaints include the farm’s failure to list two satellite locations where it plans to spread manure in its permit application, the lack of sanctions on the farm for operating unpermitted and the effect on local groundwater. 

Residents are worried about the farm’s effects on the Milwaukee River watershed and the Cedarburg Bog, which is protected as a state natural area and national natural landmark. 

On Nov. 26, the environmental-focused law firm Midwest Environmental Advocates filed a petition for a contested case review of the DNR’s permit approval on behalf of Milwaukee Riverkeeper and area residents. The residents include a nearby organic farm and neighbors of Rob-n-Cin. 

The petition alleges that the DNR has not proven the expansion will comply with the state’s groundwater quality standards, particularly the limits for phosphorus and nitrates. The permit includes statements that the farm will follow statewide best practices for manure spreading but the petition argues that’s not enough and the DNR should have done more to prove the groundwater will be protected.

“DNR’s issuance of a permit relying solely on standard practices that are not intended to ensure compliance with groundwater quality standards is unreasonable,” the petition states. “This is particularly true in an area of high susceptibility where many members of the public raised credible concerns of groundwater contamination and examples of excessive nitrate levels. Rob-n-Cin needed to demonstrate, and DNR needed to find, that issuance of a permit would not lead to continued or widespread groundwater contamination in excess of established standards. Simply relying on default nutrient management practices without performing analysis or investigation was unreasonable.” 

The petition also argues the DNR should require monitoring of the local groundwater after the expansion is complete, stating that state regulators can’t know if the farm is violating its standards if it isn’t tracking how the expansion affects the groundwater. 

And the petition states that the DNR did not complete a sufficient environmental review before approving the permit. 

“DNR conducted no substantive evaluation of environmental or socioeconomic impacts of the WPDES permit, including effects on groundwater, Cedar Creek, Mole Creek (a Class II trout stream), the Milwaukee River watershed, which is subject to an EPA-approved [Total Maximum Daily Load] for nutrients and sediment, or the Cedarburg Bog,” the petition states. 

In a news release, MEA attorney Adam Voskuil said the DNR’s authority requires it to prove that the expansion won’t violate state water standards and it has failed to do so. 

“State law is clear that the DNR is required to affirmatively determine — not merely assume — that Rob-n-Cin’s manure-spreading plan will not violate groundwater quality standards. Without off-site groundwater monitoring, there’s simply no way to obtain the data necessary to make that determination,” Voskuil said.

If the petition for a contested case hearing is granted, a hearing on the permit approval will be held by an administrative law judge. That decision would be appealable to the state circuit court system.

Sign for the Wisconsin Elections Comission. (Wisconsin Examiner photo)

The Wisconsin Elections Commission voted unanimously Monday to modify its order imposing a number of requirements on the Madison city clerk’s office due to the loss of nearly 200 absentee ballots in the 2024 election. 

In August, the commission ordered the city to make a number of changes to its election practices in an effort to prevent the loss of future ballots. 

The original order requires the city to develop an internal plan delineating which employee is responsible for statutorily required tasks, change the absentee ballot processing system so bags and envelopes aren’t lost, update instructional materials for poll workers and complete a full inspection of all materials before the scheduled board of canvassers meeting after an election. 

In a special meeting on Monday, the commission voted 6-0 to approve a request from newly appointed clerk Clerk Lydia McComas to modify a section of the order about the timing of printing and preparing poll books. 

Under the original order, Madison is required to print its poll books no earlier than the Tuesday before an election and must arrange to receive those books no later than the Friday before the election. 

McComas told the commission in a memo that the city had found a vendor that could print the poll books on the Friday before an election and deliver them by the Sunday before the election. This would allow the final printed poll books to include as many absentee ballots as possible, limiting the number of absentee ballots that are returned after the poll books are printed. 

In her memo, McComas wrote that the modification would allow the city to achieve its “shared goal” with the commission of reducing “the chance of human error.”

The shore of Lake Superior near Ashland. (Henry Redman | Wisconsin Examiner)

A rule to protect Wisconsin’s cleanest waterways from being harmed was finalized last week over the objections of Republican legislators and allied lobbying groups. 

The rule highlights the ongoing dispute between the Legislature and the administration of Gov. Tony Evers over the level of oversight legislators are allowed to have over the administrative rulemaking process. Earlier this year, the state Supreme Court issued a ruling that curtailed the ability of the Legislature to kill administrative rules. 

The new rule, which was published in the state’s administrative register Nov. 24 and is set to go into effect July 1, is the result of a decade of wrangling. 

In 2015, the U.S. EPA updated the Clean Water Act’s antidegradation regulations — which guide how states are required to protect high quality lakes and rivers from pollution. 

Dozens of creeks, rivers and lakes are classified as outstanding resource waters and exceptional resource waters under Wisconsin’s administrative code and will be protected as “high quality waters” under the new rule. Additionally, a body of water can be considered a high quality water if it has contaminant levels that are better than an established statewide standard. 

“This means that a waterbody can be high quality for one or more parameters, even if it is impaired for a different parameter,” Laura Dietrich, manager of the Department of Natural Resources’ water evaluation section, said in an email. “For example, a waterbody may be impaired for phosphorus, but chloride levels are better than the chloride water quality criterion. The waterbody would be considered high quality for the purposes of considering new or increased discharges of chloride, but would not be high quality for phosphorus.” 

Under the new rule, the DNR will be required to conduct a review before regulated entities are allowed to discharge new or increased levels of contaminants into the water body. Discharges may be allowed if found to be necessary through a “social or economic analysis.”

The rule’s finalization is the end of a process that began in 2023 and has included multiple public hearings and the input of several legislative committees. 

Last month, the Assembly committee on the environment voted 4-2 to request modifications to the rule, but the DNR and the Evers administration moved forward with finalizing the rule anyway. 

That action has angered Republicans who want more say in the process. 

“Representative government has been taken away and we now have rule by king,” Rep. Joy Goeben (R-Hobart) said in a statement. “We don’t want a king and the current path forward is dangerous.”

Lobbying groups have also complained about the rule’s finalization. 

Scott Manley, a lobbyist for Wisconsin Manufacturers and Commerce, the state’s largest business group, told Wisconsin Public Radio that the rule going into effect is “terrible from a representative government standpoint.” 

Erik Kanter, government relations director with Clean Wisconsin, told the Wisconsin Examiner that he thinks the rule represents the DNR finding a solid compromise between environmental and business concerns and that WMC was involved in the entire process through an advisory committee. 

“DNR engaged the stakeholder group regularly over the 30-month process it took to put the rule together at the DNR, and so WMC, along the way, had all the opportunity, and certainly took the opportunity, to make their thoughts [known] on how to put this rule together,” Kanter said. “It almost feels like it was never going to be enough for WMC.” 

Kanter also said that because the rule aligns the state with the EPA regulations, the state doesn’t have a choice if it wants to retain regulatory authority over its own water. 

“Wisconsin has to do this. We have to update our own rules to comply with federal changes to the Clean Water Act,” he said. “There’s no two ways about it if we want to maintain our delegation authority and have state regulators in charge of administering the Clean Water Act. It’s something we have to do.”

The alternative would be for the federal EPA to administer the act in Wisconsin, he said. 

“I think a lot of folks in the business community wouldn’t want EPA and the federal government breathing down their neck,” Kanter said. “And so this delegated authority situation is, I think, better for everybody.”

Democrats and pro-democracy organizations held a rally Oct. 16 to call for the creation of an independent redistricting commission. On Tuesday, the Wisconsin Supreme Court issued an order for two judicial panels to hear arguments against Wisconsin's current U.S. House maps. (Photo by Henry Redman/Wisconsin Examiner)

The Wisconsin Supreme Court on Tuesday ordered a pair of three-judge panels to hear arguments in two lawsuits challenging the state’s congressional maps. 

The challenges to the maps come as fights play out all over the country over the dividing lines of congressional districts ahead of next year’s midterm elections. After Texas legislators worked to draw Democratic seats out of existence at the behest of President Donald Trump and a number of other Republican-led states followed suit, California voters elected to temporarily undo their state’s independent redistricting commission and allow Democratic leaders to wipe out Republican-leaning seats. 

Similar efforts have followed to varying degrees of success in states including Arkansas, Indiana and Virginia. 

Wisconsin’s political maps have been at the center of its divided government for more than a decade, with the Supreme Court undoing the partisan gerrymander in the state Legislature two years ago. 

Since then, the focus has turned to Wisconsin’s congressional maps, where Republicans control six of the state’s eight districts. More than once, the Supreme Court has declined to hear cases that request the Court directly take up challenges to the congressional maps. 

A lobbying effort in the state is also ongoing to establish an independent, nonpartisan process for creating the state’s legislative and congressional maps. 

On Tuesday, the Court ruled that the challenges to the maps must follow a 2011 law, passed by the GOP-controlled Legislature and signed by Republican Gov. Scott Walker, which requires that challenges to the state’s congressional districts be heard by a panel of three circuit court judges. 

Republicans had argued that law shouldn’t apply in this case. In a 5-2 decision, in which the court’s four liberal justices were joined by conservative Justice Brian Hagedorn, the Court ruled the law applies and the panels should be created.

In the majority decision, the Court’s liberals also appointed the panels — of which all the members were appointed by Gov. Tony Evers or endorsed liberal Justice Susan Crawford in this spring’s election. 

Hagedorn dissented on the appointment of the panels, arguing the panel members should’ve been appointed randomly. 

“Given the nature of this case and the statute’s implicit call for geographic diversity and neutrality, a randomly-selected panel and venue would be a better way to fulfill the statutory mandate,” Hagedorn wrote. “To be clear, I am not suggesting the judicial panel will fail to do its job with integrity and impartiality. But this approach is an odd choice in the face of a statute so clearly designed to deter litigants from selecting their preferred venue and judge.” 

Justices Annette Ziegler and Rebecca Bradley dissented from the decision, arguing the majority chose the judges on the panel to further the goals of the Democratic party. 

In several previous lawsuits over political maps, Bradley and Ziegler have issued rulings that benefited the Republican party or further entrenched the partisan gerrymander that has allowed the Republican party to retain control of the Legislature for 15 years. 

“Hand picking circuit court judges to perform political maneuvering is unimaginable,” Ziegler wrote. “Yet, my colleagues persist and appear to do this, all in furtherance of delivering partisan, political advantage to the Democratic Party.” 

On Tuesday, Crawford and Justice Janet Protasiewicz also issued orders denying requests from Republican members of Congress and GOP voters that they recuse themselves from the redistricting cases. Since the two justices’ elections in recent years, the state’s Republicans have regularly accused the pair of making statements on the campaign trail that show pre-judgment of cases involving the state’s political maps. 

“The Congressmen’s recusal theories are overbroad, impracticable, and rife with unintended consequences,” Crawford wrote. “Individuals and organizations have the right to contribute to judicial campaigns and to express their beliefs about the effect judicial elections will have on issues of importance to them. Demanding that a justice recuse from a case because third parties who made campaign contributions have expressed their views on high-profile issues improperly implies that the judge had endorsed or adopted such views. This insinuation is inappropriate, particularly where the judge has expressly disclaimed such an endorsement, and undermines judicial impartiality. Further, it would chill protected speech and undermine this court’s central role of deciding cases of statewide importance.”

The return of the sandhill crane to Wisconsin is a conservation success, but now the state needs to manage the population and the crop damage the birds can cause. (Wisconsin Department of Natural Resources)

Republicans in the Wisconsin Legislature are trying once again to establish a sandhill crane hunting season in the state and once again the issue has caused a heated debate. 

At a public hearing on a bill to establish a crane hunt Wednesday morning, Democrats and conservation groups complained that the proposal was a solution in search of a problem while hunters repeatedly insisted the only way to manage the crane population is through a hunt. 

The bill is the product of a Joint Legislative Council study committee convened last year — which spent months trying to find a compromise solution that would satisfy farmers concerned about the more than $1.5 million in crop damage the birds cause each year, hunting groups dead set on establishing a hunt and bird conservationists worried a hunt could damage a population that the state spent decades working to reestablish. 

Sandhill cranes were once gone from the Wisconsin environment, but years of careful work have reestablished the birds. However, many of the wetland habitats that originally served as the bird’s nesting sites have been replaced with farmland and the birds like to eat the corn seeds out of those fields. 

The compromise proposal barely eked through the study committee — which was divided along similar lines as Wednesday’s hearing. 

In the version of the bill under consideration now, a number of proposals meant to help farmers with the crop damage problem have been stripped out, including a program that would subsidize part of the cost for pre-treating corn seeds with a chemical that makes them unappetizing to the birds. 

Dave Considine, a retired state representative whose former district includes the Baraboo-based International Crane Foundation, said at the hearing it was a “travesty” that aid for farmers has been left out of the bill. 

“I thought we had a really decent compromise [in the study committee]. Now I come here to testify and we have given farmers no help, nothing,” Considine said. “Matter of fact, most of the science in the committee meeting, spoke of the fact that if anything [a hunt] may increase damage.”

Plus, a number of anti-hunt advocates questioned how holding a hunt in the fall is meant to deter crop damage, which largely happens in the spring before the seeds have sprouted. 

A number of pro-hunt speakers at the hearing pointed to Alabama, Kentucky and Tennessee, as well as the Canadian provinces of Ontario and Quebec, which hold or are preparing to start sandhill crane hunting seasons. 

The difference, conservationists argued, is that the sandhill cranes that migrate through the eastern flyway (the region of North America of which Wisconsin is a part), use Wisconsin as their annual nesting ground. 

“Cranes are long-lived, and slow to breed one or two young annually,” said Ann Lacy, director of North American eastern flyway programs at the International Crane Foundation. “They do not have the same biology as ducks or geese; therefore, they cannot be managed similarly. They have unique biological considerations, especially in Wisconsin. What happens to these birds in Wisconsin has an effect on the Eastern Population as a whole.”

Despite all those concerns, hunting advocates refused to budge, even as several experts testified explaining the scientific reasons why a hunt won’t help the crop damage problem. For example, sandhill cranes mate for life and are extremely territorial but most of the damage in the state every year comes from single birds moving in larger flocks. If one or both members of a mated pair are killed in a hunt, that only opens up the pair’s territory to be taken over by an unruly group of unmated birds. 

“[We’ve] heard several times that hunting is not a tool that will help us against agricultural damage,” Todd Schaller, a member of the Wisconsin Waterfowl Association board said in response to the expert testimony. “I’m going to say, in my pragmatic thinking, that’s false.”

In 2021, Republicans in the Legislature proposed a similar bill to start a crane hunt. When announcing that bill, conservative rock musician Ted Nugent appeared at a press conference in which he called the birds “ribeyes in the sky.” On Wednesday, Tim Andryk of Wisconsin Ducks Unlimited argued people would be less squeamish about having a crane hunt in Wisconsin if they tasted the meat. 

“They’re just amazing when it comes to eating them,” Andryk said. “They’re a delicate, dark red meat … they’re such good eating that people that are opposed to hunting them, once they’ve eaten one, I don’t think they would be opposed to hunting.”

Wisconsin Supreme Court candidate Brad Schimel speaks with reporters after an event Feb. 26. (Henry Redman | Wisconsin Examiner)

Former state Attorney General and conservative state Supreme Court candidate Brad Schimel has been appointed as the interim U.S. Attorney for the Eastern District of Wisconsin. 

Schimel, who was also previously a Waukesha County Circuit Court judge and the Waukesha County district attorney, will now be the highest ranking federal prosecutor in the district that covers the eastern part of the state, including Milwaukee. 

Usually, U.S. attorneys are first recommended for the office by the two U.S. senators in a state and then nominated by the president before being confirmed by the Senate. In Wisconsin, Sens. Tammy Baldwin and Ron Johnson operate a joint commission responsible for finding candidates. 

Schimel told the Milwaukee Journal-Sentinel that the commission was unable to reach a consensus for the job — which has been empty since February when former U.S. attorney Gregory Haanstad, a Biden appointee, left the role as part of the normal transition when a new party enters the White House. 

In a statement, Baldwin accused Trump of “blowing up Wisconsin’s bipartisan judicial nominating process” and “ignoring Wisconsinites of all stripes” by choosing Schimel, whom voters rejected twice, in his races for state attorney general and Supreme Court.

Once the commission failed to find a candidate, Schimel said he reached out to U.S. Attorney General Pam Bondi, whom he knows from their time as state attorneys general. 

Interim U.S. Attorneys are allowed to hold that role for 120 days, though the Trump administration has tried in other states to extend that period. 

Schimel will now take over the office as it manages increased federal immigration enforcement happening in the state and heads into the highly political trial of Milwaukee County Judge Hannah Dugan, who federal prosecutors have alleged obstructed the work of federal agents attempting to apprehend a migrant in the county courthouse. Dugan’s trial is set for Dec. 15, Schimel told the Journal-Sentinel the prosecution team on the case will remain the same. 

Schimel ran for the state Supreme Court earlier this year in what became the most expensive judicial election in U.S. history — largely due to the involvement of Elon Musk, who was at the time a part of the Trump administration through his DOGE office. 

Schimel lost by more than 10 percentage points to Justice Susan Crawford. In his campaign, he touted his prosecutorial experience but was unable to separate himself from criticism that he was too closely tied to Trump and Musk.

A Nov. 14 conference at UW-Madison debated the merits of bringing fusion voting back to Wisconsin (Henry Redman | Wisconsin Examiner)

Dozens of political scientists, election experts and members of the public gathered in a UW-Madison conference room Friday to debate whether returning to a 19th century election process could empower voters and help turn back the United States’ slide toward authoritarianism. 

The event centered around fusion voting, which is the practice of allowing more than one political party to nominate the same candidate on a ballot. Currently used in Connecticut and New York, the fusion voting system means the candidates on the left can appear on the ballot under both the Democratic Party and the smaller Working Families Party while candidates on the right appear for the Republican Party and the Conservative Party. 

In theory this can give the minor parties enough influence to push for policy changes. A minor party that can swing 4% of a vote total can move the needle. 

Throughout the 1800s, fusion voting was the norm across the country — the Republican Party itself was formed in Wisconsin as a fusion party by voters who felt that the major parties at the time, the Democrats and Whigs, weren’t doing enough to end slavery. Eventually, the two major parties worked together to get the practice banned in most of the country.

Often, minor fusion parties are further from the ideological center than the major parties, but a lawsuit is currently pending in Wisconsin from a group called United Wisconsin aiming to create a fusion party that connects moderate voters who don’t feel like they’re represented by the modern Democrats or Republicans. The effort is being helmed by former state Senate Majority Leader Dale Schultz and former Dane County Sheriff Dave Mahoney. The group is represented in the lawsuit by the voting rights focused firm Law Forward. 

Lawsuits to reinstate fusion voting are also pending in New Jersey and Kansas. 

Lilliana Mason, a political science professor at Johns Hopkins University, said during the conference that the two party system and primary election process have polarized the country’s politics and made our’ “sense of winning or losing” more “existential.”

Looming over the discussions, but without being explicitly mentioned very often, was the Trump administration’s anti-democratic actions — including denying the outcome of the 2020 election, supporting the Jan. 6 Capitol insurrection and pardoning Wisconsin’s fake electors —  and the threat of authoritarianism. The debate Friday was often an exchange over how fusion voting fits into broader systemic reforms and if it can be used in tandem with proposals including proportional representation, multi-member congressional districts, ranked choice voting, gerrymandering prohibitions, filibuster reform and others. 

“It makes it possible for people who want to organize and who want to create and claim their own political power, to do so in an effective way,” Beau Tremitiere, an attorney from the non-profit Protect Democracy, said. They’re exactly right. “People are deeply dissatisfied with the system. There’s a lot of energy to do something better and fusion makes that easier.”

Fusion advocates said the system allows politics to be more dynamic. People’s political beliefs don’t always fit neatly in a party system that encourages big tents and the necessity of coalition management in those big tents means that parties aren’t encouraged to distance themselves from their most extreme members. 

“Politics is a complex, dynamic system that is always changing,” said Lee Drutman, who studies political reform at the think tank New America. “And the key is, how do you keep it from spiraling out of control? How do you keep it from a self-reinforcing tumult? And if you have a party system problem, which we do, you need a party system solution.”

But several speakers at the conference also laid out the limits and downsides of fusion voting. It’s not a major structural reform. Fusion parties are usually further from the ideological center, so if the goal is a more moderate politics, it’s not clear fusion will deliver that. Members of the Green Party expressed concern that fusion enables a patronage system of political favor trading. 

Overall though, the conference often returned to the idea that the country is in a democracy crisis and experimentation is a good thing in the effort to turn it around. 

“I’m supportive of experimentation,” Derek Muller, a law professor at Notre Dame, said. “It seems to me, we should see more real world experiments.”

Schultz, who was in the Legislature from 1983 to 2015, said he’s trying to establish a fusion party in Wisconsin to get more “humanity” in the state’s politics. 

“Why fusion voting? Why does it matter? Because of agency, the fact that suddenly people get a chance to sit at the table, to be a part of the discussions that matter to them,” he said. “Yes, fusion voting is not the be- and end-all political reform, but it is, in my opinion, an essential part of our future if we’re going to get back to having a healthy democracy.”

A sign acknowledging Stewardship program support at Firemen's Park in Verona. (Henry Redman | Wisconsin Examiner)

A Wisconsin Assembly committee deadlocked 6-6 Wednesday on a Republican-authored bill to prevent the broadly popular Knowles-Nelson Stewardship program from lapsing next year. 

The program, which allows the state Department of Natural Resources to purchase, conserve and maintain public land enjoys bipartisan support among Wisconsin residents. However a subset of Republican legislators have soured on the program’s intentions, arguing too much land has been pulled off local property tax rolls in northern Wisconsin. Republicans have also complained that a state Supreme Court decision removed their authority to conduct oversight of the program. 

Previously, members of the Joint Committee on Finance had the ability to anonymously hold up stewardship projects. 

Republicans in the Legislature stripped money to re-authorize the program out of the state budget earlier this year and both parties have proposed competing pieces of legislation to keep it running beyond 2026. 

On Wednesday, the Assembly Committee on Forestry, Parks and Outdoor Recreation took up the Republican bill, authored by Rep. Tony Kurtz (R-Wonewoc). Democrats and environmental groups have been unsupportive of the Kurtz bill since its initial release because it requires that any attempt by the DNR to acquire land at a cost of more than $1 million be approved by the full Legislature through standalone legislation. 

Critics have argued the full legislative process is the opposite of what the Court intended when it took the anonymous hold power away from JFC, that the Legislature could never move quickly enough for the speed at which real estate transactions must sometimes take place and the public nature of legislation could scare off potential sellers. 

Earlier this week, Kurtz released a proposed amendment to his bill that would lower the threshold requiring legislative approval from $1 million to $250,000. 

A Democratic proposal, which was introduced as a separate bill this summer and offered as an amendment to the Republican bill this week, would create an independent board, nominated by members of both parties, to oversee the program outside of the legislative process. 

On Wednesday, the committee voted 7-5 in favor of accepting Kurtz’s amendment to his bill. Rep. Paul Melotic (R-Grafton) voted with the committee’s four Democrats against the amendment. 

But on the vote to advance the bill out of committee, Reps. Calvin Callahan (R-Tomahawk) and Rob Swearingen (R-Rhinelander) joined the Democrats to vote no, resulting in the 6-6 tie.

When an Assembly committee votes for a bill, it reports the bill to the full Assembly floor and recommends that it be passed. According to Assembly rules, when a committee ties on a vote, the chair of the committee has the discretion to report the bill to the full Assembly “without recommendation.” 

The bill has already been reported to the full Assembly for a potential vote, according to the office of Rep. Jeff Mursau (R-Crivitz), the committee’s chair.

In a statement, a spokesperson for Rep. Vincent Miresse (D-Stevens Point), a co-author of the Democratic proposal, said “Wisconsin Democrats are united in their support and vision for Knowles-Nelson,” while “Republicans cannot seem to agree on a path forward.”

Charles Carlin, the director of strategic initiatives at the non-profit land trust organization Gathering Waters, told the Wisconsin Examiner that Wednesday’s vote shows the only way to save the program is with a bill that can get support from both parties. 

“Today’s hearing was a missed opportunity for bipartisan cooperation on the Knowles-Nelson Stewardship program,” Carlin said. “There is ample room for compromise across the aisle. But today’s deadlocked committee vote demonstrates that no reauthorization is going to move forward without buy-in from both parties. The hearing should motivate legislators on both sides of the aisle to come together and work out a compromise that keeps Knowles-Nelson working for Wisconsin.”

Wind turbines rise up above farmland near Middleton on November 19, 2013. (Photo by Scott Olson/Getty Images)

Wisconsin Democrats have announced a bill that would cap residential energy bills at 2% of household income. 

On Tuesday, Democrats said the proposal from Rep. Darrin Madison (D-Milwaukee) would protect Wisconsinites’ bank accounts while the state finds ways to expand clean energy production in the face of climate change and manage the increasing energy burden posed by data center developments across the state. 

“Rising energy rates are becoming an unsustainable burden on regular people in Wisconsin,” Madison said at a Tuesday morning press conference. “Our energy system still has big problems to tackle, like dramatically moving towards carbon-free electricity, or the challenge of data centers, which are currently on course to double the amount of energy creation in Wisconsin. Regardless of your stance on data centers, artificial intelligence and the role these technologies can or should play in our communities, the people of Wisconsin must have their energy burden lifted. This bill is a common sense, necessary protection for people struggling to afford their basic needs before we take further action on any of these things as legislators to address those issues.”

At the press conference, residents who have struggled with energy bills spoke about how getting power disconnected can reverberate through people’s lives, causing health problems or forcing choices between other household costs. 

“We’re doing everything we can, yet we still cannot keep up,” said Jill Sexton, a Wausau resident who is on disability assistance with a husband on Social Security. “I ended up taking a part time job specifically to cover the increase in our electric and heating bills. Nowadays, here’s our reality: Each month we choose between paying the electric bill and heat bill or filling our prescriptions. Some months I don’t buy the medication. Some months we stretch food until the very last day.”

Several lawmakers tied the bill to the national Democratic party’s growing focus on “affordability” and bipartisan skepticism of data centers. 

“We have the money. It’s all about how we prioritize where we spend it,” Rep. Ryan Spaude (D-Ashwaubenon) said at the press conference. “Folks in my district and around the state are on a knife’s edge. Many of them are just barely getting by. This bill is going to do something. It’s going to keep more money in their pockets. It deserves a hearing and it deserves to be passed by this body.” 

Legislators announced the bill just as communities are grappling with the construction of massive data centers across the state. While the centers can provide an easy source of property tax revenue for local governments, they also use a massive amount of water and energy — raising questions about the protection of local water supplies, adequacy of the state’s existing renewable energy sources and concerns that a data center-generated spike in energy use will be passed on to local ratepayers. 

Last week, Sen. Jodi Habush Sinykin (D-Whitefish Bay) and Rep. Angela Stroud (D-Ashland) introduced a bill that would require data centers to cover the cost of increased energy use, mandate the development of more clean energy and ensure data center construction pays local workers living wages. 

“While our state energy system faces deep uncertainty, especially when it comes to the climate crisis, we’re responding to data centers that are going to have increasing energy demands and raise rates for many communities,” said Rep. Francesca Hong (D-Madison) who is running in the Democratic primary for governor. “It is vital that we cap all utility payments at 2% of income so that we can protect our ratepayers and our communities first. This bill is a clear and systemic practical response to rising energy rates, and it’s one of the key cornerstone priorities of the Assembly Democrats’ affordability agenda.”

Under the rate cap bill, the Public Service Commission would be responsible for administering an energy burden relief fund. The fund would cover the difference for any household with energy costs that are more than 2% of the monthly household income. The bill would give the PSC 12 months after enactment to start the fund and three years to automatically enroll every eligible household. 

The bill would allow the PSC to prioritize households making less than 300% of the federal poverty level, only provide payments to cover energy costs for primary residences and provide a maximum energy use threshold to prevent people from receiving state aid for energy intensive home businesses such as mining cryptocurrency. 

Also, the bill would prevent public utility companies from disconnecting the service of people making less than 300% of the federal poverty level and require the PSC to annually report the number of utility disconnections.