The Fox River empties into Lake Michigan in Green Bay, where city officials have proposed a resolution acknowledging that local bodies of water have a right to be protected. (Wisconsin Department of Natural Resources)

Two Republican legislators have proposed legislation that would prevent local governments from enacting “rights of nature” ordinances — laws that grant natural entities legal rights — claiming that such ordinances are “incompatible with America’s founding principles.” 

The proposal from Rep. Joy Goeben (R-Hobart) and Sen. Steve Nass (R-Whitewater) was released after the Green Bay City Council voted 9-1 last month to direct the city’s sustainability council to begin drafting a “rights of nature” resolution. 

The concept of granting natural entities legal rights is relatively new in American government, but countries around the world have enshrined legal rights for nature into their constitutions. In Wisconsin, the Menominee and Ho-Chunk Nations have written rights of nature provisions into their tribal constitutions. Two years ago, the Milwaukee County Board enacted its own rights of nature resolution that promises to protect the health of the Menominee, Milwaukee and Fox rivers and Lake Michigan. 

The Center for Democratic and Environmental Rights has been working for years to track and support the passage of rights of nature laws around the world. The organization’s executive director Mari Margil says these laws are meant to help protect the environment.

“As environmental crises deepen, supporters of the bill are trying to make it harder to protect the environment,” Margil says of the Goeben and Nass proposal. 

While the Republican legislation, if it manages to pass the Legislature, is unlikely to be signed into law by Democratic Gov. Tony Evers, critics say the proposal is an example of kneejerk Republican opposition to pro-environment ideas and another instance of Republicans from northeast Wisconsin attempting to meddle in Green Bay city politics. 

A co-sponsorship memo supporting the legislation states that these types of ordinances threaten the integrity of the legal system and property rights. 

“Allowing and promoting this ideology represents a dangerous shift in legal precedent,” the memo states. “It would allow nonhuman entities to sue in court, threatening property rights, stalling development, and burdening the judicial system.” 

Goeben did not respond to a request for comment. 

Rep. Ryan Clancy (D-Milwaukee), who helped write Milwaukee County’s resolution as a member of the county board in 2023, tells the Wisconsin Examiner the idea of granting bodies of water legal rights isn’t so different from corporations having legal “personhood.” In 2010, the U.S. Supreme Court ruled in its Citizens United decision that corporations have the right to free speech. 

“It is wholly disingenuous to say only real tangible people have rights and then fight explicitly for those rights for corporations,” Clancy says. “It’s frankly frustrating to see Republicans take these really popular measures, these are broadly popular things, and rather than engaging with us in dialog, just trying to block these things through process. It’s a disingenuous way to go about it. Let’s talk about the things that necessitate these pieces of legislation.” 

He adds that legislators have the power to do more than just write legislation. Goeben’s district is in the Green Bay suburbs but doesn’t include any of the city, but, Clancy argues that she could go to city council meetings and speak with people about these ideas instead of trying to blanket ban them without any dialog. 

“It would be a much more earnest process to show up in Green Bay and go to those meetings and voice your concerns there,” he says. “We have bully pulpits, I show up at the city council, county board, school board meetings, both in my capacity as a legislator and as a parent and community member. Make your case there rather than trying to ban it.” 

A number of Green Bay area officials expressed frustration at Republicans again involving themselves in Green Bay city politics. Earlier this year, Green Bay-area Republicans Rep. David Steffen (R-Howard) and Sen. Eric Wimberger (R-Oconto) proposed a bill that would limit the types of flags allowed to be flown at government buildings. Many Green Bay residents saw the bill as an effort to weigh in on a local debate over the flying of LGBTQ Pride flags. 

“Given the challenges our communities are facing, from our housing crisis to fully funding our public schools, I am always surprised by elected officials who don’t represent this city wasting time on policies that don’t solve real problems or fund actual solutions,” Rep. Amaad Rivera-Wagner (D-Green Bay) says.

Joey Prestley, the Green Bay city council member who has led the local rights of nature effort, says the resolution — which hasn’t been drafted yet — is meant to serve as a non-binding advisory statement that city government will consider the environmental effects of its decisions throughout the development process. 

“Historically, the human actors have been the ones who have had the rights and the natural features have not been able to have people speaking for them,” he says. 

Prestley says the idea for the resolution started after a group of residents objected late in the process to a new housing development. The development would be near the Niagara escarpment, a geological feature residents want to protect, but didn’t hit the thresholds that would instigate involvement from the federal Environmental Protection Agency or state Department of Natural Resources. 

“My hope with a resolution would be maybe we consider these — all environmental features — but especially these ones that are important to our region, earlier in the process, and more thoroughly in the process, so we don’t have people coming up in the 11th Hour and saying, ‘wait a second, you can’t build this housing development,’” Prestley says. 

He adds that if that consideration and discussion of the environmental effects came earlier, it could have been a more constructive discussion rather than turning into a heated local debate that had the potential to kill a housing project in a city that, like much of Wisconsin, is in dire need of more housing. The Green Bay city council approved the 160-unit project in April 

“If it had been earlier in our process, it could have been more collaborative, and it could have been neighbors and environmental advocates working together with the developer and the city to make sure it’s a plan that benefits everybody, everybody who engages with the environment, everybody who relies on the environment, everybody who appreciates the environment,” he says.

In proposing a resolution, he adds, the objective is  “not trying to compel anyone, but really trying to adapt as a philosophy for the city that we want to consider nature as the original inhabitants of the land did before we were here.”

Prestley says it’s easy to spin the rights of nature discussion as “the work of a crazy person” who wants “to get trees to sue the city,” but actually he says he’s trying to make sure the city considers the potentially damaging environmental effects of its actions after decades of managing the harmful contamination of the Fox River. 

“There was not enough people speaking up for the damage that was happening to the river back then, and it created something that affected the whole community,” Prestley says. “People used to swim in the river. Nobody touches the river now. Maybe we should consider the environment. That’s not a radical idea, that is a sensible idea, considering what we’ve done in the past in this community, and thinking about how we want to move forward.” 

Prestley says the proposed legislation seems “silly” and notes a number of city actions, such as wetland reconstruction, that have benefited the environment. He says that if the Legislature isn’t going to help, it should get out of the way. 

“I think we’re trying to do good things in Green Bay for the environment,” he says. “And I think the state’s responsibility should be to help with the good things, or to do their own thing.”

The lawmakers proposing the bill, “they’re not helping us,” Prestley says. “They’re not helping the people, they’re just opposing things, and I don’t know why.”

Correction: This report has been updated to correct the vote count when the Green Bay City Council passed a measure to draft a proposed resolution on the rights of nature. 

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The playground at Learning Ladder Preschool and Childcare center, which closed in August 2024 after over 30 years in business. (Photo by Baylor Spears/Wisconsin Examiner)

The budget process hit another roadblock as Assembly and Senate Republicans appeared to split over budget negotiations with Gov. Tony Evers — leading to the cancellation of the budget committee’s meeting Thursday and disappointment from child care advocates who had traveled to the Capitol that day.

The June 30 deadline for the 2025-27 state budget is quickly approaching and lawmakers still have major portions of the bill to put together. The GOP-led Joint Finance Committee was scheduled to continue its work by voting on sections related to child care, the Wisconsin Elections Commission, the Department of Justice as well as the capital budget. As the start time of 1 p.m. approached, a cancellation notice was released. 

Legislative leaders then put out statements saying negotiations with Evers had resumed this week, but were going south again. Negotiations had previously broken down with Evers saying he had agreed to GOP tax cuts but Republicans wouldn’t make concessions on spending for education, child care and other parts of the budget. Republicans said Evers wanted to spend too much. 

Senate Majority Leader Devin LeMahieu (R-Oostburg) said in a statement about the cancellation Thursday that negotiations between legislative leaders and Evers had been “good faith” with each party seeking “to do what’s best for the state of Wisconsin” since they restarted this week.

“However, these discussions are heading in a direction that taxpayers cannot afford,” LeMahieu said. “Senate Republicans are ready to work with the State Assembly to pass a balanced budget that cuts taxes and responsibly invests in core priorities.” 

Assembly Speaker Robin Vos (R-Rochester) and Rep. Mark Born (R-Beaver Dam) also put out a statement describing conversations over the last couple of weeks as being in good faith, saying work on a budget that “cuts taxes, puts more money into K-12 schools to stave off higher property taxes, and funds childcare and the university system in exchange for meaningful reforms” has been productive. But said Senate Republicans were the party that left the negotiations. 

“We have chosen to work together so our tax reductions actually become law, schools continue to be funded, Medicaid patients continue to receive care, and road construction projects do not stop,” the Assembly lawmakers said. “This is the most conservative and the most responsible option… We hope Senate Republicans will come back to the table to finish fighting for these reforms and complete the budget on time.”

Evers’ spokesperson Britt Cudaback wrote in a post on social media about the meeting cancellation that “ultimately, the Senate needs to decide whether they were elected to govern and get things done or not.” 

Republicans have a narrow 18-15 majority in the Senate, meaning the caucus can only lose one vote if they want to pass a budget without Democratic support. Two Republicans — Sens. Steve Nass (R-Whitewater) and Chris Kapenga (R-Delafield) — have publicly expressed their concerns about the budget as it stands. Kapenga has said he would prefer for the state to not pass one at this point.

Nass said in a statement that Senate Republicans have been advocating for “tough but fair spending decisions” and the outline of the deal from the negotiations includes “too much spending, special interest pork and the creation of a structural deficit.” He said some legislators want to cut a “bad deal” for taxpayers.

Nass said there is “nothing preventing the Republican majority in the Legislature from passing a conservative state budget except for the lack of willingness at the highest levels in the Assembly.”

Democrats said that the breakdown in communication is the result of “extremists” in the Republican caucuses controlling how they have approached the budget talks. 

“Weeks ago, legislative Republicans walked away from negotiating with the governor in order to attempt to pass this budget through by again giving in to the desires of the most extreme members of their legislative caucuses, and instead they find themselves here again — unable or struggling to pass a budget and needing to talk with the governor about ways that they can finally do what Wisconsinites have been asking them to do all along,” Rep. Tip McGuire (D-Kenosha) said. 

When it comes to the potential for Democrats to vote for the budget, Sen. Kelda Roys (D-Madison) said Republicans need to talk to them. 

“Ultimately, what we really need is for Republicans to pick up the phone for the Senate Majority Leader [LeMahieu] to decide that he is not willing to risk his majority and his more vulnerable members to kowtow to the most extreme voices… so it’s really just his willingness to pick up the phone and accept the reality of the caucus that he’s built,” Roys said. 

If a new budget isn’t passed by the deadline, Wisconsin continues to operate under the current budget. 

Child care advocates frustrated 

Child care advocates had traveled to the state Capitol Thursday in anticipation of the meeting, including Brynne Schieffer and Erin LaBlanc of the Faith Lutheran Child Care Center located in Cameron, Wisconsin. They traveled three-and-a-half hours to Madison and said they jumped through “a lot of hoops” to make it there, including asking some of their families to keep their children home so the ratio of children to staff remained adequate. 

Schieffer said they wanted to be able to advocate for the inclusion of child care investments in the budget. They support Evers’ $480 million request to continue funding the Child Care Counts program, which used federal dollars from pandemic relief to support staff wages without increasing tuition costs to parents.

“The meeting not happening — it’s definitely disappointing,” Schieffer said. “Our elected representatives [are] not doing their job. Can’t they get along? We can come in and mediate. That’s what we do.”

Schieffer said the families were supportive because they understand the stakes.

“We came down not only for us, but for them, for the child care industry,” Schieffer said. 

One in four Wisconsin child care providers could close their doors if the state support for centers ends in June, according to a survey of child care providers commissioned by the state Department of Children and Families (DCF) and produced by the Institute for Research on Poverty at the University of Wisconsin-Madison.

Schieffer said that the center would need to raise its costs by $28 per child per week to make up for a lack of Child Care Counts funding. She said that if there is funding they plan to put that in the contracts that families have.

“We need direct funding. We need to be considered on the same level as our public schools,” Schieffer said. “The direct funding comes in and goes directly towards the operation of the center, operational budget including staff wages.”

Corrine Hendrickson, owner of Corrine’s Little Explorers and co-founder of Wisconsin Early Childhood Action Needed (WECAN) said she wanted to be available if lawmakers had any questions ahead of the meeting and because she thinks it’s important that they look at the people who are affected when they take action on the budget. She closed her center for the day to be at the Capitol and isn’t sure she’ll be able to do so again when the committee eventually takes up child care. 

“It’s incomprehensible to me that they, as elected officials, can just walk away and not do their job when all kinds of… people were here to witness this, and they just can decide 30 minutes before that they don’t actually have to do their jobs,” Hendrickson said. “It’s also frustrating because these conversations should have taken place already and should be a basic agreement before they decide to schedule the hearing.”

Child care providers said Republicans’ plans so far for child care aren’t sufficient for addressing the crisis. 

Assembly Republicans announced their plans on Wednesday for child care including allowing 16-and 17-year-olds to staff child care facilities as assistants and to count towards staff to child ratios, increasing the number of children that a family provider can have from 8 to 12 and creating a zero-interest loan for child care providers and a 15% tax credit for the business expenses at a child care facility. Vos had said they didn’t agree with the approach of providing money directly to centers.

Hendrickson said they are the same ideas that Republicans introduced last session.

“We came out vehemently against [those] and told them exactly why this wasn’t going to work,” Hendrickson said, adding that since then they have spoken with the lawmakers championing those proposals including Reps. Karen Hurd (R-Withee) and Joy Goeben (R-Hobart)

“It didn’t feel like they were listening. It felt like they were trying to convince us that they were correct,” Hendrickson said. 

“A grant is something that you don’t have to pay back, and so you can use it to get yourself started. Because our profit is so low, there’s no way that we can take on that loan when our home is our collateral. If I take on a loan and my home is collateral and I can’t pay it back then, that means I lose my house.”

Schieffer said there are problems with the changes Republicans want to make to ratios. She said increasing the number of children per staff member could impact the quality of care and that minors don’t have the work and education experience that other staff members have.

“I work in a center where every teacher holds a degree in early childhood,” Schieffer said. “To be able to put 16-year-olds and say they can do that job without the education piece, the experience piece, life experience, I feel like that it devalues what we do.” 

Democrats highlighted the strain on child care facilities — and potential closures — that could result from the end of funding for Child Care Counts and argued that the state should have some type of grant program for them at a press conference Thursday morning. 

Democratic members of the Joint Finance Committee and Sen. Melissa Ratcliff (D-Cottage Grove) met at the Learning Ladder Preschool and Childcare center in Cottage Grove. The facility closed in August 2024 after over 30 years in business. 

“There are no tricycles in the playground. There’s no uncontrollable laughter among children, and the sweet sound of toddler feet running across the classroom is not here,” Ratcliff said while standing in a room full of bins of children’s books left over after donations and sales. 

The owners wrote in a letter about the closure in August that the solution would have been “Child Care Counts” funding, fair access to 4k funding and care and consistent regulations across child care providers. 

“Unfortunately, our foundation has been slowly chipped away and we can no longer afford to remain open. After COVID, governmental grants and assistance programs helped prop us up for a while, but those programs have, or are about to end,” the Kudrna family wrote on Facebook at the time.

Democrats slammed Republicans for their rejections of funding for Child Care Counts.

“It is totally unacceptable that my Republican colleagues on the Joint Finance committee have, again and again, said to child care providers ‘your work doesn’t matter, it isn’t worth it,’” Roys said. “That’s what Republicans did when they stripped out the Child Care Counts funding that was keeping so many child care centers afloat and is helping bridge the gap between what parents can afford to pay and what providers need to keep the doors open in this time of high inflation and rising costs.”

Roys said lawmakers should be working on solutions that keep child care centers stable, not coming up with new proposals. Democrats on the committee said they had intended to introduce a proposal to provide grants to centers. 

“New theoretical ideas that Republicans want to propose are essentially wish-casting,” she said.  “We need to keep the centers that we have and the slots that we have open. We need to get more classrooms open, more early childhood educators to come back into the field.” 

“To try to start something from scratch is going to take way longer, it’s going to cost way more when we could just keep what we have stable,” Roys added.

Evers had also urged investment in child care on Thursday. In coordination with the Department of Children and Families, he released a survey that found that 90% of Wisconsin residents, including those without kids, said that finding affordable, high-quality child care in the state is a problem. Over 75% of respondents said they support an increase in state funding to help.

“This is an issue that impacts everyone in Wisconsin. It’s pretty simple, and as leaders, we have an obligation to the nearly 80% of Wisconsinites who want us to do something about it and expect their elected officials to show up, act in good faith and work together across the aisle to solve problems,” Evers said. “I’m urging Republican lawmakers to join me in supporting real, meaningful investments to bolster providers, cut waitlists and lower costs for working families.”

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