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Yesterday — 8 May 2026Main stream

Public Service Commission criticizes Meta lack of transparency, approves data center contract

7 May 2026 at 22:06
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)

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)

All three members of the Public Service Commission criticized the lack of transparency from Meta and Alliant Energy during a meeting Thursday in which the body approved a contract for the social media giant to obtain power for its planned data center in Beaver Dam. 

Meta is in the process of spending more than $1 billion to construct a hyperscale data center campus that, when completed, would use six to eight times more power than the city of Beaver Dam’s current energy load. 

Like similar massive data center projects across the state, Meta’s Beaver Dam project has drawn opposition from local residents. For months, the project was shrouded in secrecy with Meta operating under the name Degas LLC. Opponents have complained about the lack of openness, the massive use of energy and the impact the construction and operation of the center could have on the community. 

PSC Chair Summer Strand said in her opening remarks she didn’t understand “why it needed to be this difficult” to achieve a transparent process. 

“To me, transparency is not a cliche, feel good, bare minimum, check the box concept,” Strand said. “If there’s one takeaway from our discussion and decisions today I want it to be clear that, whether you’re a large load customer coming into Wisconsin for the first time, or regulated entity familiar with our process, transparency — and by that I mean actual and real transparency — is the foundational expectation and a necessity.”

Commissioner Kristy Nieto said in her opening remarks Thursday morning that the case is one of the “most consequential” decisions the PSC has seen. 

“It bears repeating, existing Wisconsin customers should not pay a single cent to subsidize the service of data centers, not now and not decades from now,” Nieto said. “This means these very large customers must bear the full cost of the infrastructure required to serve them — generation, transmission and distribution — and that those costs must be fully and transparently assigned.” 

The three members of the commission lamented the redactions that had initially been made to the documents submitted in the case — which were later removed after objections from outside parties including members of the public, Clean Wisconsin and the Citizens Utility Board. 

The commissioners also decided that moving forward, hyperscale data centers constructed within Alliant’s territory must pay for and receive energy through a standardized tariff, rather than a one-off contract negotiated without public scrutiny. Late last month, the PSC made a similar ruling for large customers in WE Energies territory. 

Under the PSC order, Alliant will have to develop a tariff that applies for any data centers using more than 100 megawatts of energy. The Meta campus is expected to use 220 megawatts. 

“This is not going to be the last data center contract we see from this utility, and I will say Alliant needs standard guidelines and rules for its data center customers,” Nieto said. “A clear public tariff would create consistent, transparent rates and rules for future data centers, instead of handling each one through separate, confidential negotiations.”

While Alliant was ordered to develop a tariff rate for large customers, the PSC on Thursday approved the contract negotiated between Meta and Alliant with some modifications meant to insulate regular customers from bearing the costs of Meta’s energy use and any related infrastructure upgrades by Alliant. Nieto said denying the agreement while the tariff rate is developed would have allowed Meta to operate for up to a year without any guardrails, an outcome she said didn’t think would benefit anyone.

Brett Korte, a staff attorney with Clean Wisconsin, said the PSC putting a halt to the development of a case-by-case patchwork of data center energy deals in Alliant’s territory — which covers parts of more than a dozen Wisconsin counties — will protect Wisconsinites.

“Tariffs create a consistent, transparent framework that helps protect the public interest,” Korte said in a statement. “Without them, Wisconsin risks a patchwork system where costs and responsibilities are unclear and potentially shifted onto other utility customers.”

After the meeting, consumer advocacy and environmental groups were complimentary of the PSC’s actions.

“Today, the Public Service Commission highlighted the importance of transparency and oversight: accountability is a must, and it cannot be bypassed,” Britnie Remer, organizing director of climate advocacy group 350 Wisconsin. “The Commission also recognized that protecting Wisconsinites from subsidizing billion-dollar data centers needs to be front and center when it comes to these massive projects. With more data center proposals inevitable, requiring tariff filings in the future will ensure large energy customers pay for their costs, not our families and small businesses.”

GET THE MORNING HEADLINES.

PSC approves Alliant–Meta data center power deal while criticizing ‘black box’ approach

A banner on a chain-link fence reads “Beaver Dam Data Center” and “Building for the Future,” with snow-covered ground behind it and a blurred vehicle passing in front.
Reading Time: 5 minutes

Wisconsin regulators on Thursday approved a one-off contract between Alliant Energy and the Meta subsidiary building a data center campus in Beaver Dam, but with a major caveat: Alliant must return with a standardized plan to power future data centers — and shield other customers from resulting costs.

The agreement bears little resemblance to the model We Energies proposed for its hyperscale data center customers in Mount Pleasant and Port Washington. That model covers all future We Energies data center customers and was approved last month with major modifications by the three-member Wisconsin Public Service Commission (PSC).

Both the PSC and ratepayer advocates expressed reservations about allowing Alliant to proceed without a standardized payment structure for data center customers. Negotiating contracts one-by-one, Commission Chair Summer Strand argued, would undermine the public’s interest in transparency and consistency.

Strand and fellow commissioners Kristy Nieto and Marcus Hawkins approved a modified version of the agreement, acknowledging that the Beaver Dam campus will open in 2027 with or without a tailored contract with Alliant. Sending the utility back to the drawing board for another year, they reasoned, could expose other customers to greater financial risk. The commissioners directed Alliant to propose a standardized payment structure for large data center customers similar to the We Energies arrangement approved last month.

Wisconsin Power and Light, an Alliant subsidiary, filed its case with the PSC last spring, months before Meta joined state and local officials in announcig its Beaver Dam data center campus.

The Beaver Dam facility, the first of its kind in Alliant’s Wisconsin service territory, is smaller than the soon-to-open Microsoft and Vantage data centers. Meta projects the facility will use 220 megawatts at peak, less than half the projected use of the Mount Pleasant and Port Washington campuses. But even that comparatively modest demand would be six to eight times the current peak for all of Beaver Dam.

In testimony to the PSC in November, Rebecca Valcq, Alliant’s assistant vice president for regulatory affairs and data center services, said the Beaver Dam campus would benefit other customers by “making more efficient use of existing infrastructure” and “spreading fixed costs” across a larger base. She also urged commissioners to consider the data center’s projected $2.1 million in annual local, state and federal tax revenue, among other economic benefits.

Alliant is a founding member of the Wisconsin Data Center Coalition, which promotes the state as a destination for data center developers.

Unlike We Energies, Alliant says it does not expect to immediately build new power plants to serve the Beaver Dam campus. Instead, Meta would purchase electricity from the same generators as the rest of Alliant’s customers. Hawkins noted on Thursday that even if the new data center doesn’t immediately require new generators, it might change the retirement timelines for Alliant’s existing power plants.

Contract negotiated in secret

The utility negotiated its contract with Meta behind closed doors. When it approached the PSC, it asked for approval without changes and requested extensive redactions, hiding many contract terms from the public. Alliant argued that the contract’s specific terms, and the surrounding secrecy, were needed to “attract and accommodate” Meta — and to compete with other states or utility territories courting data center development.

The redactions spurred pushback from ratepayer advocates and the PSC itself, which made more details of the contract available as the case progressed. In Thursday’s hearing, Strand drew parallels with the nondisclosure agreements some data center developers seek from local governments in Wisconsin, including Meta in Beaver Dam, which Wisconsin Watch first reported on in January.

“For some of these new private sector, big tech data center customers that are used to operating confidentially, coming into our state or coming into this process might be a shock to the system,” Strand said. “There is still this black-box approach that includes nondisclosure agreements, heavily redacted filings, corporate pseudonyms and negotiations shrouded in secrecy… This lack of transparency is hurting, not helping.”

The nonprofit law center Midwest Environmental Advocates in December sued the PSC to obtain unredacted documents from the Alliant case. That lawsuit is ongoing.

PSC adds protections, warns of gaps

Alliant proposed some protections for itself and non-data center customers. It set a floor for Alliant’s revenues from Meta, protecting the utility in a scenario in which the data center uses less electricity than initially anticipated.

That minimum covers the cost of building transmission lines to serve the data center. The American Transmission Company, the largest transmission operator in Wisconsin, is currently building a $200 million line to plug in the Beaver Dam campus.

People in raised bucket trucks work on utility poles and overhead power lines behind a chain-link fence, with snow on the ground and equipment vehicles parked nearby.
Construction unfolds at the 350-plus-acre Beaver Dam Commerce Park, the site of a Meta data center, Jan. 20, 2026, in Beaver Dam, Wis. (Joe Timmerman / Wisconsin Watch)

Alliant also proposed requiring Meta to reimburse the utility for the costs of transmission infrastructure if the tech giant backs out of the Beaver Dam project before the new line is complete — and requiring Meta to put up collateral in case its credit rating falls.

The PSC agreed with those terms and added further protections, including requiring Alliant to regularly report on the costs of serving the Beaver Dam campus and leaving the door open for the commission to adjust the cost-sharing to shield other customers from unanticipated expenses.

Commissioners identified some ratepayer protections beyond what it has authority to require. The transmission buildout needed to serve data centers is largely outside of PSC jurisdiction. Much of that authority instead rests with the Federal Energy Regulatory Commission (FERC), which oversees transmission utilities nationwide, and the Midcontinent Independent Systems Operator (MISO), a nonprofit that manages much of the Midwest’s electrical grid.

MISO awarded the transmission line project that will serve the Beaver Dam data center to ATC, which spreads construction costs across all its Wisconsin customers, most of whom are outside Alliant’s territory. While Alliant’s new contract requires Meta to pay a minimum transmission fee to shield other Alliant customers from unexpected costs, those protections don’t extend to customers of other utilities using ATC’s transmission lines.

Alliant’s customers will also pick up “tens of millions of dollars” in transmission costs tied to data centers in other Wisconsin electrical utility territories, Hawkins said. “Whether or not that is appropriate — or something that we are being open-eyed about — is a concern of mine,” he added.

Commissioners on Thursday urged Alliant to begin discussions with ATC on a fairer method for distributing costs — one of the few options within commission authority.

The commission directed Alliant to produce a standardized plan before making agreements with new data center customers.

The PSC is aware that more data centers could come to Alliant’s turf.

“Evidence indicates there are 12 other potential data centers in this utility’s territory that are potentially in the works,” Nieto said. Given that future, she added, Alliant must “establish clear rates, terms and protections and provide transparency, regulatory clarity and public accountability as required when serving loads capable of reshaping a utility’s entire system.”

Ratepayer groups say PSC sent clear message

Ratepayer advocates welcomed Thursday’s decision while emphasizing the importance of the directive to outline a standardized payment structure for future data centers.

“While the PSC approved Alliant’s contract, with modifications, for Meta’s Beaver Dam data
center, the Commissioners recognized that continued one-off, bilateral contract
negotiations are not sufficiently protective of Wisconsin families and small businesses,” Brett Korte, a staff attorney with Clean Wisconsin, said in a press release.

“Today’s PSC decision requiring Alliant to develop a tariff for future data centers will result in a consistent, transparent framework that helps protect the public interest.”

Wisconsin Citizens Utility Board Executive Director Tom Content echoed commissioners’ hopes that Alliant and other electrical utilities will reach an agreement with ATC to protect non-data center customers from transmission-related cost shifts.

“We’re calling on ATC to protect customers across Wisconsin and Michigan to make sure people who aren’t even (customers of) these utilities aren’t on the hook,” he told Wisconsin Watch.

Alliant raised no immediate objections to the PSC’s changes.

“Protecting our customers while allowing communities to grow is central to our commitment at Alliant Energy, and that’s exactly what this contract is designed to do,” a spokesperson wrote in a statement on Thursday afternoon. “It maintains reliability, supports meaningful local economic benefits, and delivers benefits that help keep rates stable for all customers.”

In a quarterly earnings call last week, the company announced plans for a 370-megawatt electric service agreement with a data center customer in Iowa. Unlike Wisconsin’s PSC, Iowa’s utility regulator has been more open to one-off contracts between utilities and data centers.

By removing that option for Alliant’s future arrangements with data center customers, Content said, the PSC’s latest ruling could set a new standard for other utilities in the state.

“They’re sending a message,” he added. “None of this individual contract stuff.”

PSC approves Alliant–Meta data center power deal while criticizing ‘black box’ approach is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Before yesterdayMain stream

Devil’s Lake expansion highlights imminent loss of Knowles-Nelson funding

7 May 2026 at 08:45

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

Early last month, the Wisconsin Department of Natural Resources announced a deal to add 100 acres to  Devil’s Lake State Park, expanding recreational opportunities at one of the DNR’s most popular properties. The move also calls attention to the dwindling life of the Knowles-Nelson Stewardship grant program that made the acquisition possible. 

The nearly 40-year-old stewardship grant program has long been a bipartisan success story, allowing the purchase and protection of hundreds of thousands of acres of land across the state. 

Growing opposition to the program within a subset of the Republicans in control of both chambers of the state Legislature — stemming from a combination of antagonism toward land conservation and concerns about the property tax base of Northwoods communities — stymied multiple legislative efforts to re-authorize the program beyond its set expiration at the end of June. 

The Devil’s Lake purchase marks what could be one of the last major actions of the stewardship grant program, which has allocated more than $1.2 billion to conserve more than 700,000 acres of Wisconsin land over its lifetime. 

The program had about $5.5 million remaining as of early April, according to DNR spokesperson Molly Meister. That money is divided into a number of categories, with $2.9 million earmarked for acquiring general easements — agreements with landowners that conserve and protect the land without transferring ownership — and $1.3 million set aside for general land acquisitions. Another $666,667 is meant for acquiring easements specifically for the Ice Age Trail, plus $8,333 for Ice Age Trail land acquisitions. An additional $600,000 is set aside for acquiring land for county forests. 

Meister told the Wisconsin Examiner in an email that the money set aside for the DNR to acquire land itself is expected to be fully used by the time the program expires, while the money set aside for easements will largely be used, but the exact amount is dependent on the agency finding interested landowners. 

“We are currently negotiating with landowners who have expressed a willing interest in selling their land to the department and anticipate all Stewardship general fee acquisition funds to be encumbered before the end of June,” she said.  Easement acquisitions, Ice Age Trail (both fee and easement), and County Forest acquisition is a similar process, but as you have noted, depends on willing landowners looking to acquire an easement versus an outright purchase in the remaining months. We expect a significant amount, but not all, of these funds will be encumbered before the end of June.”

While the program is set to expire, there are ongoing Knowles-Nelson projects around the state that have already been funded through the grant program yet won’t be completed for a few years. Meister said that program staff will close out those active projects before moving to other jobs within the DNR. The rest of the agency has also faced significant cutbacks in recent decades, due to budget constraints and Republican opposition to environmental protection initiatives. 

“It will take several years to close out currently active projects. Staff will continue to work on finishing up these projects,” Meister said. “After these projects are closed out, DNR staff will continue working on other department priorities. Over the past 20 years, we have lost over 500 FTE positions, so there is always more work to do.”

David Grusznski, the Milwaukee programs director for The Conservation Fund, the land conservation non-profit that facilitated the DNR’s purchase of the Devil’s Lake property, told the Examiner that through the stewardship program, the DNR has often been able to function as the last piece of the funding puzzle for projects that conserve land and provide access to that land for the public. 

“It’s very rare that one pot of money funds an entire acquisition, so money is always being leveraged with other people’s money,” he said. “So without the state stewardship funding being able to bring in a portion of that money, we, a lot of partners, are going to be unable to leverage federal dollars, state, city or county dollars that may be available. And we’re going to have to really rely pretty heavily on private fundraising, which is going to be extremely difficult.”

Now, he said, non-profits and land trusts across the state are coming to terms with the pending loss — which will push planned projects years into the future while putting organizations across the state in direct competition over the same pot of private philanthropy money. 

“I think this is all really just starting to set in with a lot of people across the state,” Grusznski said, “as far as the money is not there — what do we do?”

GET THE MORNING HEADLINES.

Wisconsin utility company executive says more data centers could be on the horizon

7 May 2026 at 10:00

The head of the company that owns Wisconsin’s largest utility said it’s discussing the addition of more hyperscale data centers with very large customers.

The post Wisconsin utility company executive says more data centers could be on the horizon appeared first on WPR.

Wisconsinites support fee increases to sustain DNR programs at spring conservation hearings

4 May 2026 at 21:31

Every spring, Wisconsinites have the opportunity to make their voices heard on issues related to our state’s natural resources. This year, a majority of respondents to a survey told the Wisconsin Conservation Congress that they are willing to pay more in fees to sustain DNR programs.

The post Wisconsinites support fee increases to sustain DNR programs at spring conservation hearings appeared first on WPR.

Federal judge prevents Wisconsin tribe from restricting fishing on nearly 20 lakes

4 May 2026 at 15:56

A federal judge has temporarily barred the Lac du Flambeau Band of Lake Superior Chippewa from restricting musky and walleye fishing on almost 20 lakes within the boundaries of its reservation in northern Wisconsin.

The post Federal judge prevents Wisconsin tribe from restricting fishing on nearly 20 lakes appeared first on WPR.

Forest Service Chief fields questions on Milwaukee office closure, deep budget cuts

4 May 2026 at 10:00

Forest Service Chief Tom Schultz provided details to lawmakers Thursday on employees affected by the closure of its regional office in Milwaukee, as well as President Donald Trump’s budget that cuts 75 percent of the agency's funding.

The post Forest Service Chief fields questions on Milwaukee office closure, deep budget cuts appeared first on WPR.

Trump’s new conditions on DEI, immigration could cut off states’ wildfire funding

1 May 2026 at 20:59
A firefighter watches as the Gifford Fire burns on Aug. 6, 2025, in Los Padres National Forest in California. Across the country, state officials say they’ve lost access to Forest Service grants to protect communities from wildfire, following a federal update to terms and conditions seeking to force agency partners to pledge compliance with President Donald Trump’s views on immigration, gender and DEI programs.

A firefighter watches as the Gifford Fire burns on Aug. 6, 2025, in Los Padres National Forest in California. Across the country, state officials say they’ve lost access to Forest Service grants to protect communities from wildfire, following a federal update to terms and conditions seeking to force agency partners to pledge compliance with President Donald Trump’s views on immigration, gender and DEI programs. (Photo by Eric Thayer/Getty Images)

A new effort to force states to affirm the Trump administration’s views on DEI, transgender athletes and immigration when signing contracts with the U.S. Forest Service is threatening millions of dollars in wildfire grant funding and fire reduction projects on federal lands.

Some liberal states can’t sign the documents because the policies clash with state law, forestry experts say.

Already, at least one state is reporting that the new rules have stalled work to reduce wildfire risk and assist with projects on national forest lands. Other states say the requirements are so vague that they don’t know how to follow them. And some timber industry leaders believe the standoff could cut into their revenues.

“We’re kind of at an impasse,” said Washington State Forester George Geissler. “It’s already starting to slow down or shut down work.”

The update to the requirements governing federal partnerships comes even as many Western states brace for a brutal wildfire season, following a winter that brought record high temperatures and a paltry snowpack.

On Dec. 31, Agriculture Secretary Brooke Rollins with little fanfare issued new general terms and conditions governing partnerships for the U.S. Department of Agriculture. Spelled out in dozens of pages of fine print are new restrictions that require partner organizations to pledge compliance with President Donald Trump’s executive orders.

The new conditions apply to all USDA agencies, but the department hasn’t yet said whether it will enforce them for food assistance programs.

The agency, in a news release announcing the changes, framed the new terms as an effort to streamline regulations, protect national security and “eliminate radical left ideology.”

The Department of Agriculture and the Forest Service did not grant Stateline interview requests.

At the Forest Service, which is housed within USDA, the new policy applies to a wide range of grants and contracts aimed at reducing wildfire risk, restoring forest health and boosting timber production.

Forestry veterans say the new conditions have created an impasse with some Democratic-led states.

“It is significantly disruptive,” said Robert Bonnie, who served as undersecretary of agriculture for natural resources and environment during the Obama administration. “It’s clearly targeted at Democratic states and Democratic partners.”

A coalition of 20 states and the District of Columbia filed a lawsuit in March, claiming that the restrictions are unlawful. The lawsuit has largely focused on federal food assistance programs provided by the agency, such as the Supplemental Nutrition Assistance Program and the Women, Infants, and Children Nutrition Program.

In an April court filing, Rollins said the new conditions had not yet been applied to food assistance programs, and that the agency had not made a “final decision” to cut off nutrition funding for states that don’t comply.

Forest Service programs

But the policy is already having an impact on some programs managed by the Forest Service.

Washington state has been unable to issue the latest round of Community Wildfire Defense Grants, a federal program that helps neighborhoods and towns reduce fuels and fortify homes in wildfire-prone areas.

Geissler, the state forester, said roughly 10 communities in Washington were set to receive large grants under the program, but the federal funding has been held up by the state’s refusal to sign the new terms and conditions.

“This is another example of the federal administration cutting off its nose to spite its face,” said David Perk, coordinator of the Washington State Lands Working Group, a coalition that weighs in on state forestry policies. “To add the additional layer of denying wildfire funding, that’s insult to injury.”

The stalemate also threatens work that the U.S. Forest Service increasingly relies on states and other partners to do in national forests. The agency has leaned heavily on tools, such as the Good Neighbor Authority, that enable state agencies to carry out wildfire mitigation, restoration and timber projects on federal lands. Many observers believe the recently announced Forest Service reorganization signals that states will play an even bigger role in the years ahead.

But now those partnerships are in jeopardy. According to Geissler, Washington state can’t sign new Good Neighbor Authority agreements due to the new conditions.

“We’re trying to sign off on agreements for another chunk of work, and we can’t get it signed,” he said. “If you are looking for work to be done by the state on federal lands, we’re not doing it. If we’re not able to sign, both sides lose.”

Washington state has spent millions of dollars on projects to reduce wildfire risk and improve forest health on national forest lands. With the new ideology requirements, the feds are essentially turning away free help, said Bonnie, the former natural resources official. That’s especially damaging, he noted, because Trump’s cuts to the Forest Service’s workforce and budget have further diminished what the agency can accomplish on its own.

The Trump administration is “damaging their own constituents,” he said. “There are a lot of conservative voters in rural Washington who want to see partnerships that reduce the probability of extreme wildfire. This will stop that. It makes absolutely no sense.”

Washington state is still working on Forest Service projects signed under previous agreements. But without new agreements, work on the ground could stall in six to eight months, Geissler said.

State responses

Nearly 20 state forestry officials contacted by Stateline did not respond or declined interview requests, citing the ongoing litigation and the need to maintain a working relationship with the Forest Service.

But one timber industry leader said Oregon was facing similar disruptions that prevented the state from signing new agreements with the Forest Service.

“This will lead to reduced revenues for (state forestry agencies),” Nick Smith, public affairs director with the American Forest Resource Council, a timber industry group, said in an email to Stateline. “As partners, our industry will be impacted if it disrupts or cancels current or future timber sales under these contracts.”

While most state forestry officials have been unwilling to publicly comment about the situation, several have filed legal declarations in support of the multistate lawsuit challenging the new terms and conditions.

Scott Bowen, director of the Michigan Department of Natural Resources, wrote in a declaration that his agency has more than $87 million from active grants with the Forest Service. Those grants cover wildfire response, forest health, invasive species, urban tree canopy and revegetation, among other issues.

“If these funds were withheld, DNR would have to shut down critical capabilities to assist rural communities with fire preparedness and response,” Bowen wrote.

Bowen added that the Forest Service has already said one program, a grant to protect environmentally important forests from being converted to a nonforest use, will be subject to the new terms and conditions.

In the lawsuit, many state officials said that the new compliance requirements are so vague that they’re nearly impossible to follow. Several of the legal declarations note that the new conditions do not explain what it means to “promote gender ideology,” a practice the Department of Agriculture now seeks to ban.

You’re going to see a bifurcation where you'll have red states getting grants and blue states won’t.

– Kevin Hood, executive director of Forest Service Employees for Environmental Ethics

Many states also objected to the agency’s requirement that no one in the country illegally obtain “taxpayer-funded benefits.” Josh Kurtz, secretary of the Maryland Department of Natural Resources, noted in a declaration that it would be impossible to confirm that grants to reduce wildfire risk, expand urban tree canopy and improve forest health do not benefit Marylanders who lack legal immigration status.

Kevin Hood, executive director of Forest Service Employees for Environmental Ethics, a nonprofit that advocates for public employees, said the new terms are aimed at directing a greater share of federal funding to Trump’s political allies.

“You’re going to see a bifurcation where you’ll have red states getting grants and blue states won’t,” he said.

‘More questions than answers’

In March, the National Association of State Foresters sent a letter to Forest Service Chief Tom Schultz expressing concerns about the new terms and conditions. Jason Hartman, the group’s president and the state forester of Kansas, described a chaotic situation.

“To date, the (Forest Service) has not provided adequate guidance or interpretation of the new (terms and conditions),” he wrote. “National-level meetings between State Foresters and the Forest Service have resulted in more questions than answers. State Foresters around the country have been given differing instructions and interpretations in different geographic locations.”

Hartman noted at least one instance in which a timber sale totaling 80 million board feet was held up by the new conditions. (That’s enough to build roughly 5,000 homes.) He asked the Forest Service to delay the effective date of the new conditions until the agency could provide more clarity.

He also outlined another set of issues causing problems for states. One major complication, he said, is the requirement that states receive federal approval before issuing any subawards or contracts. That has created a massive bureaucratic hassle, he wrote, in “direct conflict” with the Forest Service’s reliance on state partnerships to cut red tape.

The new terms also require environmental reviews for projects to be completed before partnership agreements can be signed. But Hartman noted that states often assist in those very environmental reviews, which they won’t be able to do if they can’t sign the agreements first.

Wyoming State Forester Kelly Norris also noted that issue in an email to Stateline, saying she expected the Forest Service to update the environmental review section soon.

Stateline reporter Alex Brown can be reached at abrown@stateline.org.

This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

1,500 Ridglan beagles purchased by animal welfare groups as activist faces criminal charges

1 May 2026 at 10:45
A beagle rescued by animal rights activists from Ridglan Farms during the action in March. (Photo courtesy of Jennifer Tourkin)

A beagle rescued by animal rights activists from Ridglan Farms during the action in March. (Photo courtesy of Jennifer Tourkin)

The fate of most of the beagles held at Ridglan Farms took a turn Thursday, when animal welfare groups Center for a Humane Economy and Big Dog Ranch Rescue announced they had reached an agreement with the Dane County dog breeder and research facility to buy 1,500 of the beagles. The dogs will be transferred to the groups  for rehabilitation and adoption. Ridglan Farms, which both breeds beagles for testing and maintains its own biomedical research facility, has been embroiled in controversy following multiple recent attempts by animal rights activists to breach the facility and free the beagles held inside. 

“This is a moment to celebrate that 1,500 dogs will soon know only the kindness of the most caring people and will be treated for the rest of their lives like little kings and queens,” said Wayne Pacelle, president of the Center for a Humane Economy, at a press conference Thursday. “This life-saving project comes as we also charge ahead with our work to wind down the archaic and inhumane era of animal testing and embrace innovative 21st century strategies that do not harm and deliver more palliatives and cures to people.” 

Amy Good of the Dane County Humane Society said during the press conference that the Humane Society will stage 500 of the dogs. At least 50 of the dogs will be up for adoption in Dane County in the coming weeks, Good said. Another 300 dogs will go to Big Dog Ranch Rescue in Florida and Alabama. A nationwide network of partner organizations will help take in the remaining dogs.

Animal welfare groups gather to announce that 1,500 Ridlgan Farms beagles will be rehabilitated for adoption. (Screenshot)
Animal welfare groups gather to announce that 1,500 Ridlgan Farms beagles will be rehabilitated for adoption. (Screenshot)

During the press conference, Pacelle said that “Ridglan, to my vantage point, looks like it’s winding down operations.” In order to comply with a deal with prosecutors to avoid penalties for violations of Wisconsin animal cruelty laws, Ridglan is required to discontinue its beagle breeding program by July 1. The deal was established last year, after a judge found that probable cause existed that animal cruelty violations had occurred at Ridglan, and appointed a special prosecutor to oversee the case. 

Animal rights activists have accused Ridglan of housing the beagles under inhumane conditions, and of subjecting them to painful experiments and procedures — including the removal of eyelids — without anesthesia. In March, a group of activists arrived at Ridglan and, using tools, breached its perimeter fence, and managed to enter one of the buildings housing beagles. The group managed to get 22 beagles out of the facility, eight of which were seized by law enforcement and returned to the farm. The activists argued that because Ridglan was in violation of animal cruelty laws, they had a right to rescue the beagles. 

About a month after the first action, a larger group numbering hundreds of people returned to Ridglan Farms but were confronted by law enforcement using rubber bullets and tear gas. Several people were injured and one man lost teeth during a beating by police, activists said. Activists filed a civil lawsuit over the use of force against the Dane County Sheriff’s Office. A lead organizer of the rescue operation, Wayne Hsiung of California, and three others were arrested and charged with felony burglary stemming from  the first break-in. 

While the recent dramatic actions and clashes with police garnered  national media attention, tensions over Ridglan had been brewing for years. 

Shannon Keith, founder and president of the Beagle Freedom Project, said that negotiations to get the 1,500 beagles out of Ridglan and into safe homes had been in the works for a long time. “We have built the infrastructure to not only rescue these dogs, but to give them full lives beyond the laboratory system,” Keith said in a statement Thursday. “Every one of these dogs will be treated as an individual deserving of care, healing, and a home.”

Tear gas is deployed by police during the second attempted beagle rescue at Ridglan Farms. (Photo courtesy of Lisa Castagnozzi)
Tear gas is deployed by police at Ridglan Farms. (Photo courtesy of Lisa Castagnozzi)

Eilene Ribbens, executive director of the Wisconsin Puppy Mill Project, and Pam McCloud Smith, executive director of the Dane County Humane Society, praised the deal to rehome the dogs. “We are proud to stand with the national organizations to help bring these dogs to safety,” said Ribbens. 

“This effort reflects the strength of collaboration across the animal welfare community,” said McCloud Smith. “Our focus is on ensuring these dogs receive the care, stability, and support they need to begin their new lives.” 

The dogs being taken from Ridglan have never been outdoors or seen grass, the animal welfare groups said. People who adopt the dogs will need to be patient with them and understand that each dog will need time to adjust. 

Pacelle said that the effectiveness of animal testing for human medicine and products is being increasingly questioned in the scientific community, and said that Ridglan’s practices are outdated. Pacelle said that, “the only way that we’re going to solve this problem is if the United States takes the next set of steps to defund grant-making to research institutions and others that are using beagles, and primates, and other animals.” 

On Wednesday, Congressman Mark Pocan added language to an amendment in the House Appropriations Committee markup of the agricultural funding bill for the 2027 fiscal year. The language would require the U.S. Department of Agriculture to review federal licenses of breeders that have lost their equivalent state-level breeding license, and to take action if it becomes clear that they are no longer eligible for a federal license. The amendment was directly inspired by Ridglan, which maintained a relationship with the federal government despite the controversy surrounding its facility, and its violations of state law. 

“If a breeder is turning in their state license due to code violations, the USDA should at least take a look to see if they should be allowed to continue to have this privilege,” said Pocan. “And this situation is so nonpartisan that even Lara Trump and Laura Loomer have spoken out against what’s happening at Ridglan Farms.”

Lead animal rights organizer appears in court

A day before the announcement that 1,500 of the approximately 2,000 beagles housed at Ridglan would be released, Hsiung appeared in Dane County Circuit Court in Madison. “They have threatened these dogs with violence,” said Hsiung, standing outside the courthouse surrounded by supporters and press on Wednesday. “This should’ve been resolved more than 10 years ago.” 

Hsiung and others who were involved in the actions at Ridglan have repeatedly condemned local and state government in Wisconsin for allowing the facility to operate despite years of reported concerns. “It shouldn’t be private citizens who have to step up,” said Hsiung, who claimed that the families involved in Ridglan’s operation are well connected to local politicians. “It makes a big difference that the story is getting out.”

Wayne Hsiung just before appearing in Dane County court. (Photo by Isiah Holmes/Wisconsin Examiner)
Wayne Hsiung just before appearing in Dane County court. (Photo by Isiah Holmes/Wisconsin Examiner)

A judge found enough evidence to continue a criminal case against Hsiung during the  preliminary hearing on charges related to the March break-in. He was represented by attorneys Benjamin Carraway and Kristin Schrank. Prosecutor Mattew Moeser sat at the opposite table, calling only a single Dane County Sheriff detective — Leslie Keith —  to the stand as a witness. Court Commissioner Brian Asmus presided over the hearing. 

Keith recalled that early on the morning of March 15, dispatchers began receiving 911 calls both from Ridglan employees saying people were entering the facility, and from the activists themselves calling to report animal abuse. Officers arrived from Mt. Horeb, not far from Blue Mounds where the beagle breeding facility is located, and began questioning people and telling them to stop. Several activists were walking around the facility, carrying beagles or attempting to get into more of the buildings. 

Moeser played body camera footage from the officers, which Carraway objected to, saying that they’d only been given the video a few seconds before the hearing began and hadn’t been able to review it. The court commissioner allowed the video to be played. “I will put you in handcuffs right now,” an officer yelled at some of the activists. “Everbody stop!” Many of the activists were dressed in white biohazard suits. Hsiung was filmed talking to the officers, describing himself as “a lawyer on site” with a “judicial opinion” regarding Ridglan. “Why are you stopping people from seeing what’s happening?” one person yelled in the body camera footage. 

Moeser also played social media videos posted by Hsiung and drone footage showing the activists entering Ridglan. The prosecutor emphasized that the group was breaking into and burglarizing the facility, and ultimately stole more than 20 dogs worth $2,000 each. 

Attorney Benjamin Carraway (Photo by Isiah Holmes/Wisconsin Examiner)
Attorney Benjamin Carraway (Photo by Isiah Holmes/Wisconsin Examiner)

Carraway’s attempts to question Detective Keith were repeatedly interrupted by objections by Moeser, which were sustained by the court commissioner. Carraway wasn’t allowed to ask whether law enforcement were already aware of animal cruelty reports at Ridglan. His mention of the surgical removal of beagles’ eyelids was struck down. Carraway also wasn’t allowed to ask why the activists chose to wear the biohazard suits, as well as other questions. “Any defense is not relevant at a preliminary hearing,” the commissioner told Carraway from the bench.

The hearing ended in a debate about bail conditions which had been set by the same court commissioner. Among other things, Hsiung is prohibited from contacting other co-defendants who were charged in the March break-in. Carraway argued that this was unreasonable because Hsiung intends to represent himself at some point, and would need to be able to communicate with co-defendants as witnesses. 

Hsiung was also banished from all of Dane County, which Carraway said was a First Amendment violation and could be satisfied with a simple banishment from Blue Mounds and Ridglan. Hsiung is an organizer and is regularly involved in protests and demonstrations in Wisconsin and Dane County, Carraway said. The commissioner opted to keep the no-contact for co-defendants, but loosened the banishment from Dane County, conceding that it was overly broad.

This article has been edited to clarify that Congressman Mark Pocan added language to an  amendment to the agricultural funding bill for the 2027 fiscal year. 

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Wisconsin GOP congressmen introduce bill to exempt southeast Wisconsin from emissions testing

30 April 2026 at 20:46
Large trucks driving in traffic down the highway in New Jersey

New Jersey Turnpike (Photo by Mario Tama/Getty Images)

Four Republican members of Congress, including gubernatorial frontrunner Tom Tiffany, have introduced a bill that would exempt vehicles in southeast Wisconsin from federally mandated emissions testing. 

The bill was introduced by U.S. Rep. Bryan Steil (R-Janesville) and co-sponsored by Reps. Glenn Grothman, Scott Fitzgerald and Tiffany. Tiffany, the only member whose district does not include the affected area of Milwaukee, Kenosha, Ozaukee, Racine, Sheboygan, Washington and Waukesha counties, also brought the issue up on the campaign trail late last month. 

Seven Wisconsin counties, including Milwaukee, are designated ozone nonattainment areas by the EPA under the Clean Air Act, which subjects vehicle owners in the area to additional regulations such as biennial emissions testing. Federal law allows a state to apply for the waiver if it can prove air pollution originates from out-of-state. 

The bill authors point to a Department of Natural Resources report that showed 10% of the ozone measured in the area comes from Wisconsin while more than a third of it comes across Lake Michigan from Illinois and Indiana. 

“Because of outdated federal rules, hundreds of thousands of Wisconsin drivers in seven counties are forced to complete emissions tests every two years just to renew their registration,” Tiffany said in a statement. “Wisconsin families should not be punished with costly and time-consuming mandates because of pollution drifting in from Illinois and Indiana.”

Studies have shown the highest sources of ozone in the region come from the urban centers of Chicago and Milwaukee.

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Republican bill could allow Wisconsin to skirt federal smog regulations

1 May 2026 at 10:00

Wisconsin would be allowed to redesignate areas that aren’t meeting federal smog regulations if it can show most pollution is coming from outside the state under a new bill introduced by Republicans.

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Researchers perplexed by growing numbers of ‘zombie fish’ deep in Lake Superior

30 April 2026 at 17:47

In the deepest part of Lake Superior, a quarter mile below the surface, researchers are discovering a growing number of extraordinarily thin lake trout that weigh about half their typical, healthy body weight. Scientists have dubbed them "zombie fish."

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Lawsuit claims Wisconsin village passed an unconstitutional ban on wake surfing

30 April 2026 at 10:00

A new lawsuit filed by a watersports group argues an ordinance passed by a Wisconsin village is an illegal and unconstitutional ban on wake surfing and wake boats.

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Dane Co. judge dismisses youth climate lawsuit

28 April 2026 at 19:47
Northern Highland-American Legion State Forest

Jute Lake in Wisconsin's Northern Highland-American Legion National Forest. The children who brought the lawsuit argued they were being deprived of their constitutional right to enjoy Wisconsin's natural areas. (Henry Redman | Wisconsin Examiner)

A Dane County judge dismissed a lawsuit from 15 Wisconsin children who had challenged laws they argued made climate change worse and violated their constitutional rights. 

The lawsuit was filed in August by the groups Our Children’s Trust and Midwest Environmental Advocates against the state Public Service Commission and Legislature. 

The suit argued that state lawmakers have made a number of declarations that the state’s energy production should be decarbonized and the greenhouse gas emissions of that production should be reduced, but state laws prevent that from happening. 

The state’s law for siting power plants requires that the state Public Service Commission determine that “[t]he proposed facility will not have undue adverse impact on other environmental values such as, but not limited to, ecological balance, public health and welfare, historic sites, geological formations, the aesthetics of land and water and recreational use.” However the law also prohibits the PSC from considering air pollution, including from greenhouse gas emissions, in that determination. 

Additionally, the state set a goal in 2005 that 10% of Wisconsin’s energy come from renewable sources by 2015. That goal was met in 2013. However, now that the goal has been met, state law treats it as a ceiling on renewable energy the PSC can require.

In a decision issued last week, Judge Julie Genovese said she’s sympathetic to the children’s argument but that the lawsuit was asking her to weigh in on a fundamentally political, not legal, question. 

“While the court is sympathetic to the youths and admires their willingness to access the courts in their quest to protect the planet, I conclude that the case must be dismissed because environmental policy is a nonjusticiable political question,” she wrote. 

Attorneys for the Legislature had also argued that the children didn’t have standing to bring the case, pointing to a federal court decision in a similar case in California. 

But in other states similar cases have had more success. A group of Montana children successfully sued to protect their right to a clean environment in 2024. 

Tony Wilkin Gibart, MEA’s executive director, told Wisconsin Public Radio he believes there’s a strong case for the ruling to be appealed. 

“Youth plaintiffs are frustrated,” he said. “They’re also incredibly determined and have expressed a lot of resolve to continue this fight.”

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Dane County judge dismisses climate lawsuit brought by Wisconsin youth

24 April 2026 at 15:30

A Dane County judge has dismissed a case brought by Wisconsin youth who challenged state laws that they argue worsen the climate crisis and violate their constitutional rights.

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U.S. Forest restructuring could threaten Wisconsin-based research, advocates say

24 April 2026 at 10:45

The Chequamegon-Nicolet National Forest across Wisconsin's Northwoods make the U.S. Forest Service the largest landowner in the state of Wisconsin. (Henry Redman/Wisconsin Examiner)

The Trump administration’s recently announced plans to radically restructure the U.S. Forest Service have raised concerns among advocates that forest land across Wisconsin and the Upper Midwest could suffer. 

The plan, announced late last month, will relocate the agency’s head office from Washington D.C. to Salt Lake City while closing regional offices and research stations across the country. In Wisconsin, the changes are expected to affect about 250 employees across the agency’s offices in Madison and Milwaukee and smaller stations spread across the state. 

Research stations in Prairie du Chien and Wisconsin Rapids are being evaluated for closure while the Madison office has been selected to serve as the state office covering Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri and Wisconsin. 

These proposed changes come to an agency that has already seen staff attrition over the past year due to the Trump administration’s efforts to severely reduce the size of the federal government. Last year, Wisconsin saw a 19% attrition rate in its U.S. Department of Agriculture staffing level, which includes the forest service. 

Proponents of the reorganization say that moving the headquarters out west will bring decision-makers closer to the majority of the public lands managed by the agency. However, through a combination of logging activity in the Upper Midwest, New England and southeastern states, more timber is harvested each year in states east of the Mississippi River. 

But opponents have pointed out that Salt Lake City is the epicenter of the growing anti-public lands movement within the Republican Party. U.S. Sen. Mike Lee (R-Utah) has worked to sell off millions of acres of federally owned land while the state of Utah has sued the federal government over its ownership of millions of acres of land in the state. 

The advocacy infrastructure surrounding the anti-public lands movement has at times worked to influence environmental policy in Wisconsin. 

In the large scope of the Forest Service’s public lands portfolio, Wisconsin’s Chequamegon-Nicolet National Forest is just a drop in the bucket. But the existence of the national forest in the Northwoods makes the federal government the largest landowner in Wisconsin. 

The Trump administration has explicitly worked to make it easier for extractive industries such as logging and mining to work on public lands. Green Light Metals, a Canadian company, has conducted exploratory drilling on national forest land in Taylor County. Last week, Congress voted to allow mining in the Superior National Forest on the edge of  Minnesota’s Boundary Waters Canoe Area Wilderness.

Environmental advocates and union representatives of Forest Service employees say that sweeping changes to the agency could have dramatic repercussions for the rural communities where agency employees often work and could do irreparable damage to the forests themselves and the scientific research conducted at Forest Service stations. 

Howard Learner, president of the Environmental Law and Policy Center, said the plan was clearly an effort to undermine the Forest Service’s ability to conduct research while supercharging the extraction of resources from the country’s public forests. 

“The Trump administration’s effort to take apart, as an effective matter, the U.S. Forest Service is deplorable,” Learner said. “The U.S. Forest Service needs to do a job making sure that its forests, the vast lands across our country that are our national forests, are protected and managed.” 

He noted that the agency is currently proposing one of its largest timber sales ever in Michigan’s Upper Peninsula, which ELPC is working to stop, and that it’s much harder for regulators to protect the country’s forests if they’re based in a far-away office.

Several people from the National Federation of Federal Employees, which represents many forest service staff members, said the changes were coming to an already demoralized group of staff members while noting that the biggest harm would be felt by the rural areas where the national forests are located.

“Most Forest Service offices are in very rural, poor communities, so if these people are forced to move to Salt Lake, that could be two or three, good paying, middle-class jobs taken out of Rhinelander or wherever they may be sitting,” said Warner Vanderheul, president of union’s Forest Service council.

Steven Gutierrez, a business representative in the federal workers union’s  land management division, said that staff members will be divided between those who can’t take any more meddling from the White House and those who stick it out in an effort to do what they can to defend the forests. 

“There’s a lot that are standing strong in solidarity right now, and saying ‘I’m going to hold the line to protect democracy,’” Gutierrez said. “And that just by being a civil servant and being a Forest Service employee, that’s their way of standing up against this tyranny that’s happening from this administration.” 

But, he said, others will leave and the risk from those departures is the end to all sorts of research projects. 

“Now programs get shut down because there’s no one there anymore,” he said. “That research, that institutional knowledge, gets lost because now nobody’s there to do it. Nobody knows what anybody was working on.” 

Jenny Van Sickle, a spokesperson for the Great Lakes Indian Fish and Wildlife Commission, said she’s concerned about the drain of expertise from Wisconsin. 

“Moving these regional models to state-based models really complicates and piecemeals out decision-making with these arbitrary borders,” she said. “All of these waterways are connected. All of these forests are connected. So a comprehensive approach to management is vital.” 

She said that an organization such as the fish and wildlife commission can help supplement the research done by the Forest Service, but not fully replace it. She noted that the commission has recently worked with the agency to study American marten habitat, wild rice and tribal climate adaptation. Vanderheul said that Forest Service research conducted in Wisconsin has helped produce recyclable glue on U.S. postage stamps and less breakable bats used by Major League Baseball teams. 

“A massive reduction in the workforce and professionals that have dedicated their lives to research and protecting these ecological systems is concerning,” Van Sickle said.

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Group sues over lack of federal protections for rare mussel found in Wisconsin

23 April 2026 at 20:16

The Center for Biological Diversity is suing federal wildlife regulators for their alleged failure to protect the rare salamander mussel, an endangered species at risk of extinction.

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Nitrate contaminates the drinking water of millions of Americans, study finds

23 April 2026 at 18:18
A metal gangway leads to the floating pumphouse used to harvest water for Public Wholesale Water Supply District 20 outside Sedan, Kan. A new analysis found agricultural states including Kansas have seen drinking water systems record thousands of instances of elevated nitrate, a potentially dangerous byproduct of farming. (Photo by Kevin Hardy/Stateline)

A metal gangway leads to the floating pumphouse used to harvest water for Public Wholesale Water Supply District 20 outside Sedan, Kan. A new analysis found agricultural states including Kansas have seen drinking water systems record thousands of instances of elevated nitrate, a potentially dangerous byproduct of farming. (Photo by Kevin Hardy/Stateline)

Nearly one-fifth of Americans relied on drinking water systems with elevated and potentially dangerous levels of nitrate in recent years, according to a new study released Thursday.

The nonprofit Environmental Working Group examined test data collected by water systems across the country between 2021 and 2023, the most recent data available. 

Water systems serving more than 3 million people exceeded the federal safety limit of 10 milligrams per liter over the three years, the research and advocacy organization found.

The analysis also found that thousands of water systems serving more than 62 million people reported nitrate levels above 3 milligrams per liter at least once during those years, which indicates human-caused drinking-water contamination. 

Researchers are increasingly questioning whether the federal threshold should be lowered as more studies find links between even low levels of nitrate consumption and cancer and birth defects. Federal law limits nitrate levels in drinking water because of its association with blue-baby syndrome. 

Nitrate is a natural component of soil, but has become a growing problem for drinking water systems because of crop farming’s use of nitrogen fertilizers and runoff of nitrogen-rich manure from livestock operations.

States with big agricultural industries recorded more reports of elevated nitrate levels. In fact, the report found that 64% of all water systems that recorded nitrate levels at or above the legal limit were in just five states: California, Texas, Kansas, Nebraska and Oklahoma. 

But Anne Schechinger, the organization’s senior director of agriculture and climate research who authored the report, said the issue affects urban and rural areas alike.

“A lot of people have this idea that this issue is just a rural issue for small towns near farms. But we found with this analysis that that is not just the case,” she told Stateline. “Based on how watersheds work, you can live very far from a farm and still be drinking water contaminated with nitrate.”

The analysis relies on public records obtained from public drinking water systems in every state except New Hampshire, where data was not provided, she said. In addition to its report, the Environmental Working Group created a map showing community water systems with elevated nitrate levels across the country.

Elevated nitrate levels have befuddled water providers across the country for years. Not only are they expensive to remove from drinking water supplies, but nitrate levels can fluctuate with the seasons as heavy rains can quickly push remnants of fertilizer or manure into streams and rivers. 

Iowa’s largest water provider last year asked residents to refrain from watering lawns, filling pools and washing cars as its nitrate removal system struggled to keep up with elevated levels. 

Des Moines is home to one of the largest nitrate removal systems in the world, which costs about $16,000 per day to operate, officials said. Smaller communities that rely on groundwater have been forced to dig deeper wells, Schechinger said.

Climate change is further fueling the problem: Agriculture is a major driver of greenhouse gas emission. The heavy rainfalls and prolonged droughts from more extreme weather worsen nitrate runoff into lakes, rivers and groundwater. 

“We know those climate conditions are going to make this problem worse,” Schechinger said. “And that’s likely to cost us all more and also (raise) more concerns for our health.”

Stateline reporter Kevin Hardy can be reached at khardy@stateline.org.

This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Opponents object to Enbridge’s erosion control plan along Line 5 reroute

23 April 2026 at 14:40

Enbridge Line 5 reroute work north of Mellen, Wisconsin (Frank Zufall/Wisconsin Examiner)

The Wisconsin Department of Natural Resources (DNR) held a public information hearing on four permit applications by Enbridge for streambank erosion control on the 41-mile reroute of Line 5, a light crude oil and natural gas pipeline. The 16 people who spoke all voiced opposition, either specifically to the permits or to the reroute itself, and many cast aspersions on the Canadian pipeline corporation.

In addition to ongoing legal challenges, the four permits are among the last hurdles in Wisconsin that Enbridge needs to clear to reroute its pipeline around the Bad River Band of Lake Superior Chippewa Indians Reservation, which borders Lake Superior.

Enbridge is under a court order that has been stayed in a federal appeals court to remove the existing Line 5 pipeline from the reservation by June. The Bad River Band has rejected several offers from Enbridge to keep the line on the reservation, and after Enbridge was ordered to remove the line from the reservation, the Band redirected its opposition to the reroute, arguing that it poses an environmental threat to its watershed.

Enbridge is seeking four streambank erosion-control permits for four waterways in Ashland County: an unnamed tributary to the Brunsweiler River, Beartrap Creek, Bay City Creek, and Little Beartrap Creek.

Joe McGaver of Enbridge Environment Projects detailed the work proposed for each of the four sites. He noted that Lake Superior Consulting identified the erosion issues, and the measures to address them are intended to “stabilize the streambanks and prevent continued erosion” below the ordinary high-water marks.

He also noted that Enbridge and the riparian landowners — those owning the land along the waterways — are “co-applicants” and also “co-permittees.”

At a recent Bayfield County Court hearing on April 16 requesting a stay of ongoing work on the reroute, pending a judicial review of approved permits, lawyers representing Bad River and environmental groups contended that under state statute only the riparian owner can seek a permit for modification of the shoreline. But the legal counsel for the DNR responded that it was its practice to use “co-applicants” in similar projects.

A slide from Enbridge’s presentation at the DNR hearing

Comments

Ashley Guardado of Hempstead, New York, representing Women’s Earth and Climate Action Network, urged the DNR to deny the four permits because they would jeopardize the waterways and the “pristine ecosystems that depend on them.”

“Approving these permits would also enable construction activities that pose long-term risks to water quality, habitat, and the broader watershed,” she said, and noted beyond the local creeks and river, the larger concern is the Great Lakes, which hold 20% of the world’s fresh water.

“So I urge you to consider what it really means to jeopardize these waterways and the ecosystems at both a local and a global level, be it encroaching on the tribal sovereignty and the rights of Indigenous nations that are within this territory to exacerbating the climate crisis and deepening our dependence on fossil fuels that move us only further away from the just transition that Wisconsin, the United States and the world very urgently need,” she said.

Gracie Waukechon, a Wisconsin resident, said the DNR shouldn’t approve the permits out of concern for the environment, and also because Enbridge isn’t legally qualified to seek the permits regarding riparian ownership and Enbridge’s history of environmental damage, including the 2010 crude oil spill of nearly 1 million gallons into the Kalamazoo River in Michigan.

Skylar Harris, representing Midwest Environmental Advocates (MEA), said her organization would submit detailed written objections to the specific permit application, but addressed the DNR’s interpretation of Wisconsin’s Public Trust Doctrine.

“Riparian ownership language in Section 30.12 of the Wisconsin statutes was created in 1949 pursuant to the public trust doctrine to give landowners the ability to live along navigable waters and engage in limited construction activity that would improve navigation or protect the property from erosion and other hazards,” she said. “Because the Legislature was trying to limit the types of construction that could occur in navigable waters, non-riparians were explicitly excluded from permit eligibility. Enbridge has filed these applications for project permits, which is a non-riparian claiming that easements and co-applicant agreements with landowners are sufficient to get around the clear statutory prohibition against construction by non-riparians.”

She said the DNR supports Enbridge’s position and had “tentatively” made the determination to grant the permits, which, she said, would be “a blatant violation of explicit statutory mandates and a violation of the public’s constitutional right to use and enjoy Wisconsin’s navigable waters,” and would set a precedent for other commercial development and environmental damage.

Jadine Sonoda of Madison said Enbridge had raised concerns for Wisconsin because of issues during its Line 3 construction in Minnesota, where it had pierced an aquifer in Northern Minnesota and had agreed to a $2.8 million legal settlement.

Matthew Bourke of Michigan wondered if the DNR investigated any concerns raised in prior hearings, and he questioned why Enbridge had been allowed to pursue permits when it had been found to be trespassing on the Bad River reservations, and a court case in Michigan is challenging the closing of a section of the pipeline under the Straits of Mackinac.

Patricia Hale, an attorney from Antigo also argued Enbridge didn’t have a right for the permits.  

“This is not their (Enbridge) property,” she said of the waterway banks, adding that Enbridge shouldn’t be allowed to request permits based on the easement, because the public has voiced its opposition to Enbridge’s latest permit application for a Line 5 reroute.

Joe Bates, a Bad River tribal elder from Odanah, said Enbridge is endangering Wisconsin waterways by operating a pipeline originally built in 1953.

“This reroute also violates our treaty of 1854,” said Bates. “It (1854 treaty) guarantees us a permanent homeland.”

Bates said the reroute would surround the reservation, requiring members to seek permission from Enbridge to cross it to gather, hunt, or fish in the ceded territories, lands off the reservation where tribal members have rights to pursue resources. At the April 16 court hearing, legal counsel for Enbridge said the corporation would allow permission to tribal members to cross its pipeline for those who have a legal reason to do so. 

“I urge you to please deny permits to Enbridge,” said Bates.

Jennifer Boulley, a Bad River member living in Washburn, also noted that just that morning the US Supreme Court ruled the case in Michigan regarding Line 5 under the Straits of Mackinac will stay in a state of Michigan court and not a federal court as Enbridge had requested.

“Were just hoping that the DNR will continue to listen to the people and not the money, so we can save this water for future generations,” she said.

RJ Claire of Ashland County said the focus of the hearing is on specific technical issues, but she encouraged the DNR to consider a broader perspective on potential harm and environmental impact, and she accused the DNR of being complicit in enabling Enbridge to commit “violence” against the environment.

“Again and again and again and again, tribal members have been expressing to the rest of us that what’s happening right now is an act of violence,” she said. “The DNR is participating in enabling the violence of Enbridge. Who among you is willing to start breaking that pattern? Again, I know this is a technical hearing, but I think it’s really, really, really, really important and crucial that we are looking at this in a holistic way. Because I would argue that from when we focus on the technical parts, that’s a form of just dismissing the violence that is occurring.”

Melanie Conners, a Bad Rivers member who said she lived near Bad River and the Kakagon Sloughs, a wetland that has received international recognition due to its environmental niche and wild rice bed for the band, read a definition from the Environmental Protection Agency (EPA) of “environmental justice” as “fair treatment and meaningful involvement of people, regardless of color, race, national origin or income, with respect to the development, implementation and enforcement and environmental law, regulations and policies.”

She questioned why Bad River members had to “bear the weight” of potential oil contamination.

“It’s Bad River tribal members who will be directly impacted,” she said, and added, “I harvest rice every year to sustain my family. How are you allowing this? This is environmental racism. Enbridge cannot guarantee that it will not contaminate our waters, our Kakagon Slough.”

Additional comments will be accepted until  May 2. Comments should be either emailed to macaulay.haller@wisconsin.gov or left via voice message at (608) 347-0240 or sent by mail to Macaulay Haller, 101 S. Webster Street, Madison,  53707-7921.

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