The evidence suggests that DNR permit and enforcement decisions at
Whistling Straits Golf Course could be linked to the political power of
campaign donations from Kohler family members, and officials and employees
of interlocking business enterprises owned by the Kohler family in Sheboygan
and Kohler, Wisconsin.
The Kohler family alone donated $67,918 to Wisconsin candidates
during an eight year period in the 1990s. When combined with close
business associates’ donations, the total rises to over $88,569, with $27,100
of this total going to election campaigns for Gov. Thompson and Lt. Gov.
McCallum specifically.
Gov. Thompson now controls DNR decision-making; therefore, Kohler’s
financing of Thompson’s campaigns and Thompson legislative allies’campaigns
is significant.
The law firm Quarles and Brady was included in the legislative totals
because one of its lawyers, Anthony Earl, served as lobbyist and legal
consultant for the Kohler Company in 1995, during the period when the Whistling
Straits project was getting underway and DNR permits were being requested.
Earl is a former Wisconsin Governor and former Secretary of the DNR.
The law firm DeWitt, Ross & Stevens was included because one
of its lawyers, Peter Peshek, was also hired as a lobbyist for Kohler Company
during the same time period. Peshek is a former Wisconsin Public
Intervenor, skilled at natural resource law and politics. James
Klauser, who for years served as Thompson’s most powerful staff as Secretary
of the Dept. of Administration, also works now as a private attorney
in this same lawfirm --- another link to Thompson.
Both law firms were major contributors to Gov. Thompson’s election
campaigns, which makes their lobbyists particularly effective.
The Milwaukee Journal Sentinel reported on August 9, 1996 that “Kohler
Co. officials and family members have contributed heavily to Gov. Tommy
Thompson’s campaigns since 1987, donating at least $35,855.”
This is a different time period than presented in this report, which shows
that the pattern of donations extends back to earlier times.
Terry and Mary Kohler have also been major donors in national politics
(which Gov. Thompson is also very interested in). Through Windway
Capital Corporation, they were the top national contributors to Newt Gingrich’s
re-election campaigns and his political action committee GOPAC, giving
$816,107 over 10 years.14 In other words, the Kohlers exert
significant power in political circles.
The DNR is a government agency. It’s job, indeed it’s reason
to exist, is the protection of the environment in defense of the public
good.
The permits issued for this project seem to be well written with
an eye to protecting the public good. The overarching problem here
is not in the content of the permits; it is in the enforcement. The
DNR says: “Attached is a copy of your permit which lists the conditions
which must be followed.” 11 These are not suggestions, they
are conditions. There are only a handful of citizens in this state
who can defy the DNR’s authority by accepting these conditions and then
ignoring them. The average citizen could go to jail for these infractions
or at least be required to come into compliance by undoing an illegal construction.
This kind of enforcement on average citizens takes place regularly.
DNR permits have the force of law, however, the DNR is not required
by law to enforce them. Citizens may seek to enforce these permits
even if the DNR will not. In fact, a 1998 Wisconsin Supreme Court
decision held that the Public Trust Doctrine enables a private citizen
to bring an action against a private party when the citizen feels that
the party was not sufficiently regulated by the DNR (Gillen v. City of
Neenah). This puts the citizen in the position of doing the
DNR’s job. Lacking any help from a Public Intervenor, this means
that a citizen can buy as much enforcement as he can afford.
1) Campaign Finance Reform --- The special treatment accorded the Kohler Company by elected state officials exemplifies the need for campaign finance reform to protect Wisconsin’s natural resources. Wisconsinites who value a clean, healthful environment must demand an electoral system that pays more attention to public good than it does to private donations.
2) Restore the Public Intervenor Office --- Before Gov. Thompson and Republicans in the legislature eliminated the Public Intervenor Office in 1995, the Intervenors spent significant time analyzing impacts of shoreline alterations on the environment and representing citizen concerns about those impacts. For decades, the Office was the statewide leader in defending public access rights to the waterfront. The Intervenors must be restored to protect Wisconsin’s natural resource base, tourism industry and quality of life.
3) Restore the Board Appointed DNR Secretary --- This case is just another serious example of the politicization of the DNR, now that the DNR Secretary is under direct control of the Governor. Wisconsin legislators need to restore the Department to pre-1995 budget conditions, where the DNR Secretary answered to the 7 independent citizens appointed to serve on the Natural Resources Board --- to help insulate the Department from political influence and favoritism.
4) Enforce DNR Permits and Access Standards
--- It’s clear that DNR must enforce permit conditions once they have been
issued; otherwise, such permits are meaningless and make a mockery of DNR
--- and of taxpayers’ investment and faith in that agency.
In addition, the DNR must enforce Public Trust responsibilities
and protect public access to Wisconsin waterfronts for fishing, boating
and recreation.
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