Environmental Advocates Hail Wisconsin Supreme Court Decision in Evers v Marklein

Madison, WI—In a landmark decision today, the Wisconsin Supreme Court ruled that legislative committee vetoes of administrative rules violate the state constitution. Midwest Environmental Advocates (MEA), Save Our Water (S.O.H2O), and Wisconsin Conservation Voters (WCV) praised the ruling as a major victory for environmental protection and democratic accountability.

The case, brought by Governor Tony Evers and other executive officials in late 2023, challenged the authority of legislative committees to obstruct executive branch actions. In July 2024, the court held that the Wisconsin State Legislature’s Joint Finance Committee could not veto Department of Natural Resources (DNR) grant decisions under the Knowles-Nelson Stewardship Program. The court affirmed that while the legislature may allocate funds and set grant criteria through legislation, it cannot retain veto power over the executive’s implementation of those laws.

Today’s decision addressed a second issue in the case: legislative committee vetoes of agency rulemaking. Echoing its earlier ruling, the court found the legislature may not alter legal rights and responsibilities outside of the lawmaking process, which under the state constitution requires the involvement of both houses and the governor. The court held that legislative committee vetoes violate these constitutional principles.

MEA represented S.O.H2O and WCV in the case as amici curiae (friends of the court), arguing that committee vetoes have obstructed the implementation of vital environmental safeguards, causing real-world harm to Wisconsin communities. An amicus brief filed by the MEA described how a legislative committee met on the Friday before Christmas in 2020 to act on an industry request to weaken PFAS monitoring requirements. The committee’s veto of a rule regulating the use of firefighting foam has enabled Tyco/Johnson Controls to continue discharging PFAS into the Marinette City Wastewater Treatment Plant. As a result, highly toxic PFAS chemicals continue to accumulate in local surface water.

“In the past, small groups of legislators have been able to block the implementation of popular environmental protections passed by the full legislature and signed by the governor,” said Tony Wilkin Gibart, executive director of MEA. “This process violated basic constitutional principles and was often exploited by polluters and industry groups to effectively repeal environmental laws—outcomes they could never achieve through the normal legislative process.”

“The committee veto process was used to weaken environmental protections for my community,” said Jeff Lamont, President of S.O.H2O, a group of residents impacted by PFAS pollution in the Marinette and Peshtigo areas. “We are pleased the court struck down this abuse, and that it will no longer be a barrier as we work to protect our water.”

“The health of our environment and the health of our democracy are deeply connected,” said Jennifer Giegerich, Government Affairs Director of Wisconsin Conservation Voters. “Committee vetoes were anti-democratic because they allowed a handful of legislators to make decisions that affect the entire state. We’re pleased this ruling restores constitutional balance and strengthens accountability for environmental decisions that impact all Wisconsinites.”

Midwest Environmental Advocates is a nonprofit law center that combines the power of law with the resolve of communities facing environmental injustice to secure and protect the rights of all people to healthy water, land, and air. Learn more at www.midwestadvocates.org or www.facebook.com/midwestadvocates.

NOTE: This press release was submitted to Urban Milwaukee and was not written by an Urban Milwaukee writer. While it is believed to be reliable, Urban Milwaukee does not guarantee its accuracy or completeness.