|
|
Breaking News:
Despite legacy of conservation, Kohler eyes golf course on precious land ~ Capital Times, 6/20/21
Dune Dispute: Wisconsin Lake Michigan shoreline threatened by adjacent golf course development, The rare part of Lake Michigan’s landscape are some of Wisconsin’s last remaining sand dunes. Mary Faydash said Kohler Co.’s development threatens the protection of these rare land formations as well as the interdunal wetlands inside of the park system. “I thought to myself, it’s 2014. The rest of the world is planting trees, and fighting pollution and saving wetlands because of (wetlands’) tremendous ability to mitigate flooding, and this company wants to remove a unique area that can never be replaced,” said Faydash. ~ Great Lakes Now, 6/15/21
Judge refuses Kohler's request to reinstate Wetland Permit, Press Release, May 28, 2021: The Honorable Edward Stengel refused Kohler Co.’s request to reinstate the permit in a 38-page decision that affirmed the ALJ and dismissed Kohler Co.’s case. Said the Court, “[t]he ALJ concluded that the decision to issue the wetland permit was not based on scientific facts and definitive plans, but speculation and promises."
Related article, Sheboygan Press, 6/2/21
Judge Stengel's Decision, 5/28/21
Discovery of ancient human remains complicates Kohler plans for golf course in Sheboygan, Article, Sheboygan Press, 5/25/21
Court Cases Update, 5/10/21
1. In an Administrative Law hearing in June 2018, the Friends successfully challenged the improper issuance of a wetland fill permit by the DNR to Kohler Co. for its golf course project. The ALJ revoked the permit in March 2019, and the project was put on hold. The DNR agreed with FRBF and the revocation of the permit. Kohler appealed the decision to the Circuit Court in April 2019. We are awaiting a decision on that matter (2019CV000199).
2. Following their success in having the wetland permit revoked, FRBF petitioned to have a portion of their legal fees and costs reimbursed under the Wisconsin Equal Access to Justice Act. Although DNR agreed with the Friends and the court in revoking the wetland permit, the DNR opposes reimbursement and appealed to the Circuit Court (2019CV003514).
3. FRBF filed suit in Circuit Court to challenge DNR's grant of a Stormwater Permit that would fail to protect the waters of Lake Michigan and sensitive wetlands from erosion and sediment runoff during construction of the proposed golf course. Kohler and the DNR moved to dismiss the case in April 2019. The Court has not yet ruled. (2019CV000080).
4. FRBF have challenged the deficient Environmental Impact Statement that DNR relied upon in issuing the Wetland Fill and Stormwater permits. A circuit court dismissed the case. FRBF appealed to the WI Court of Appeals in June 2020 (2019AP002434).
5. The Wisconsin Natural Resources Board transferred 6.47 acres of State Park to Kohler through a land swap and easement to build a golf course entrance, fuel and chemical storage facilities, maintenance sheds and parking. FRBF challenged this privatization of state park land in two Circuit Courts. Each court granted Kohler and DNR’s motions to dismiss the two cases on the theory that FRBF (and thus the public at large) did not have standing to challenge the transfer of state park land. FRBF appealed, and the WI Court of Appeals ruled in favor of the Friends' right to sue (2019AP299 and 2019AP534). Kohler petitioned the Wisconsin Supreme Court for review of the Court of Appeals decision, and they have been joined by the DNR. The Wisconsin Supreme Court accepted the case (2019AP299) on February 24, 2021. The statement of the issues is as follows: Does a plaintiff satisfy the "injury-in-fact" prong of the standing test by alleging an injury that will not, and cannot, result from the challenged action until numerous intervening, uncertain, and unrelated events occur? Does a plaintiff satisfy the "zone of interest" prong of the standing test by alleging a violation of statutes and regulations that expressly grant the DNR the power to take such action? Does a Plaintiff satisfy the "zone of interest" prong of the standing test by alleging that an injury is environmental in nature, even where the statute at issue is not? Does the plaintiff’s alleged injuries fall outside the zone of interests of the land-disposition law, so that they lack standing to challenge the Board's land exchange with one of the defendants?
Dune Dispute: Wisconsin Lake Michigan shoreline threatened by adjacent golf course development, The rare part of Lake Michigan’s landscape are some of Wisconsin’s last remaining sand dunes. Mary Faydash said Kohler Co.’s development threatens the protection of these rare land formations as well as the interdunal wetlands inside of the park system. “I thought to myself, it’s 2014. The rest of the world is planting trees, and fighting pollution and saving wetlands because of (wetlands’) tremendous ability to mitigate flooding, and this company wants to remove a unique area that can never be replaced,” said Faydash. ~ Great Lakes Now, 6/15/21
Judge refuses Kohler's request to reinstate Wetland Permit, Press Release, May 28, 2021: The Honorable Edward Stengel refused Kohler Co.’s request to reinstate the permit in a 38-page decision that affirmed the ALJ and dismissed Kohler Co.’s case. Said the Court, “[t]he ALJ concluded that the decision to issue the wetland permit was not based on scientific facts and definitive plans, but speculation and promises."
Related article, Sheboygan Press, 6/2/21
Judge Stengel's Decision, 5/28/21
Discovery of ancient human remains complicates Kohler plans for golf course in Sheboygan, Article, Sheboygan Press, 5/25/21
Court Cases Update, 5/10/21
1. In an Administrative Law hearing in June 2018, the Friends successfully challenged the improper issuance of a wetland fill permit by the DNR to Kohler Co. for its golf course project. The ALJ revoked the permit in March 2019, and the project was put on hold. The DNR agreed with FRBF and the revocation of the permit. Kohler appealed the decision to the Circuit Court in April 2019. We are awaiting a decision on that matter (2019CV000199).
2. Following their success in having the wetland permit revoked, FRBF petitioned to have a portion of their legal fees and costs reimbursed under the Wisconsin Equal Access to Justice Act. Although DNR agreed with the Friends and the court in revoking the wetland permit, the DNR opposes reimbursement and appealed to the Circuit Court (2019CV003514).
3. FRBF filed suit in Circuit Court to challenge DNR's grant of a Stormwater Permit that would fail to protect the waters of Lake Michigan and sensitive wetlands from erosion and sediment runoff during construction of the proposed golf course. Kohler and the DNR moved to dismiss the case in April 2019. The Court has not yet ruled. (2019CV000080).
4. FRBF have challenged the deficient Environmental Impact Statement that DNR relied upon in issuing the Wetland Fill and Stormwater permits. A circuit court dismissed the case. FRBF appealed to the WI Court of Appeals in June 2020 (2019AP002434).
5. The Wisconsin Natural Resources Board transferred 6.47 acres of State Park to Kohler through a land swap and easement to build a golf course entrance, fuel and chemical storage facilities, maintenance sheds and parking. FRBF challenged this privatization of state park land in two Circuit Courts. Each court granted Kohler and DNR’s motions to dismiss the two cases on the theory that FRBF (and thus the public at large) did not have standing to challenge the transfer of state park land. FRBF appealed, and the WI Court of Appeals ruled in favor of the Friends' right to sue (2019AP299 and 2019AP534). Kohler petitioned the Wisconsin Supreme Court for review of the Court of Appeals decision, and they have been joined by the DNR. The Wisconsin Supreme Court accepted the case (2019AP299) on February 24, 2021. The statement of the issues is as follows: Does a plaintiff satisfy the "injury-in-fact" prong of the standing test by alleging an injury that will not, and cannot, result from the challenged action until numerous intervening, uncertain, and unrelated events occur? Does a plaintiff satisfy the "zone of interest" prong of the standing test by alleging a violation of statutes and regulations that expressly grant the DNR the power to take such action? Does a Plaintiff satisfy the "zone of interest" prong of the standing test by alleging that an injury is environmental in nature, even where the statute at issue is not? Does the plaintiff’s alleged injuries fall outside the zone of interests of the land-disposition law, so that they lack standing to challenge the Board's land exchange with one of the defendants?
Great Lakes Air and Water information:
- The United Nations has declared 2021-2030 as the decade of Ecosystem Restoration. May 2021
- Weeks after Trump's EPA boss visited Sheboygan to tout improved air, federal court rules agency's designations were 'arbitrary' and capricious, July 2020
- Sheboygan Ozone Reduction Alliance (SORA) Fact Sheet - Splitting the county into two parts for ozone measurement does not solve the issue that we have unhealthy air, especially by the shoreline.
- EPA boss announces half of Sheboygan County now meets federal air quality standards, July, 2020
- American Lung Association State of the Air for Sheboygan, ranked #22 on the list of worst U.S. cities
- Eight Wisconsin Counties, including Sheboygan, receive 'F' for air quality, April, 2018
- Wisconsin DNR Identifies 120 New Waters As Impaired, Oct, 2019
- State of the Great Lakes Report, 2019 - Population growth, development, land-use activities and climate-related shifts are stressing the Great Lakes.
- A Citizen's Guide to Protecting the Great Lakes, Sierra Club
- Blue-green algae blooms in Great Lakes - In August 2014, for three days, a community of 500,000 people were not able use their tap water.
- Lake Michigan Algal blooms, photos
- Mayor Vandersteen elected chair of Great Lakes and St. Lawrence Cities Initiative. Top Priorities include 1. Actions to address climate change, toxics exposure, harmful algae blooms and contaminated beaches. 2. Minimizing impacts from coastal erosion and flooding and sustaining Great Lakes restoration efforts. 3. Respond to the impacts of historically high lakes levels and building capacity among local governments to strengthen resilience to climate change.
- How long can the Great Lakes fend off thirsty world from water diversions? "...the very fact that proposals such as the city of Waukesha and Foxconn diversions are being debated under the terms of the (Great Lakes) Compact show the agreement is providing necessary oversight."
- Poisoned Golf - A groundskeeper speaks out on contamination and poisoning
What is most troubling about the damage that is caused by pesticides is the lack of legitimate justification for their widespread use –given the availability of non-toxic methods and products for managing target insects, rodents, and plants (weeds).
- Whistling Straits High Capacity Well Data
- Black Wolf Run High Capacity Well Data
- U.S. EPA vs. Kohler Company re: small engines violations, Jan. 2020
- The United Nations has declared 2021-2030 as the decade of Ecosystem Restoration. May 2021
- Weeks after Trump's EPA boss visited Sheboygan to tout improved air, federal court rules agency's designations were 'arbitrary' and capricious, July 2020
- Sheboygan Ozone Reduction Alliance (SORA) Fact Sheet - Splitting the county into two parts for ozone measurement does not solve the issue that we have unhealthy air, especially by the shoreline.
- EPA boss announces half of Sheboygan County now meets federal air quality standards, July, 2020
- American Lung Association State of the Air for Sheboygan, ranked #22 on the list of worst U.S. cities
- Eight Wisconsin Counties, including Sheboygan, receive 'F' for air quality, April, 2018
- Wisconsin DNR Identifies 120 New Waters As Impaired, Oct, 2019
- State of the Great Lakes Report, 2019 - Population growth, development, land-use activities and climate-related shifts are stressing the Great Lakes.
- A Citizen's Guide to Protecting the Great Lakes, Sierra Club
- Blue-green algae blooms in Great Lakes - In August 2014, for three days, a community of 500,000 people were not able use their tap water.
- Lake Michigan Algal blooms, photos
- Mayor Vandersteen elected chair of Great Lakes and St. Lawrence Cities Initiative. Top Priorities include 1. Actions to address climate change, toxics exposure, harmful algae blooms and contaminated beaches. 2. Minimizing impacts from coastal erosion and flooding and sustaining Great Lakes restoration efforts. 3. Respond to the impacts of historically high lakes levels and building capacity among local governments to strengthen resilience to climate change.
- How long can the Great Lakes fend off thirsty world from water diversions? "...the very fact that proposals such as the city of Waukesha and Foxconn diversions are being debated under the terms of the (Great Lakes) Compact show the agreement is providing necessary oversight."
- Poisoned Golf - A groundskeeper speaks out on contamination and poisoning
What is most troubling about the damage that is caused by pesticides is the lack of legitimate justification for their widespread use –given the availability of non-toxic methods and products for managing target insects, rodents, and plants (weeds).
- Whistling Straits High Capacity Well Data
- Black Wolf Run High Capacity Well Data
- U.S. EPA vs. Kohler Company re: small engines violations, Jan. 2020
Article: Legislature Curtails Municipal Conditional Use Permit Authority
"Other land use activities are only allowed as conditional uses in zoning districts even though they may be beneficial because they carry a high risk of negative external impacts on adjoining properties, neighborhoods or the whole community. These less compatible and less desirable land uses are commonly allowed only after individualized review by a zoning authority and subject to conditions designed to decrease the potential adverse impacts."
Kohler Co.'s Premature Application for a City of Sheboygan Conditional Use Permit, 12/2/2020 (large file)
Kohler Co.'s Extension Request for CUP, dated Nov. 20, 2020
City of Sheboygan's Review of CUP is premature, at best. Letter to City of Sheboygan from FRBF attorney, Nov, 2020
Town of Wilson Letter to Kohler Co. re: incomplete CUP application, June 2016
Kohler Co's reply to Town of Wilson letter re: incomplete CUP application, June 2016
Town of Mosel: Why did my property taxes go up? 2011 Town Newsletter. (Because Kohler Co. requested a reduction of $5 million in the assessment of Whistling Straits. "Things get worse. Because the successful Whistling Straits tax assessment challenge occurred after the state had established the Town of Mosel’s FEV, Town of Mosel property owners had to pay taxes based on the higher value. This meant that the approximately $50,000 of lost tax revenue resulting from the successful tax challenge had to be picked up by all other Mosel property owners.")
"Other land use activities are only allowed as conditional uses in zoning districts even though they may be beneficial because they carry a high risk of negative external impacts on adjoining properties, neighborhoods or the whole community. These less compatible and less desirable land uses are commonly allowed only after individualized review by a zoning authority and subject to conditions designed to decrease the potential adverse impacts."
Kohler Co.'s Premature Application for a City of Sheboygan Conditional Use Permit, 12/2/2020 (large file)
Kohler Co.'s Extension Request for CUP, dated Nov. 20, 2020
City of Sheboygan's Review of CUP is premature, at best. Letter to City of Sheboygan from FRBF attorney, Nov, 2020
Town of Wilson Letter to Kohler Co. re: incomplete CUP application, June 2016
Kohler Co's reply to Town of Wilson letter re: incomplete CUP application, June 2016
Town of Mosel: Why did my property taxes go up? 2011 Town Newsletter. (Because Kohler Co. requested a reduction of $5 million in the assessment of Whistling Straits. "Things get worse. Because the successful Whistling Straits tax assessment challenge occurred after the state had established the Town of Mosel’s FEV, Town of Mosel property owners had to pay taxes based on the higher value. This meant that the approximately $50,000 of lost tax revenue resulting from the successful tax challenge had to be picked up by all other Mosel property owners.")
Major erosion due to high water levels shows proposed Hole 18 now in Lake Michigan!
DNR and Kohler Company fight residents' right to challenge a state agency's actions
The Kohler Company and the DNR have petitioned the Wisconsin Supreme Court to review a recent appellate court decision which affirmed the right of FBRF and citizens to challenge a state agency's actions, particularly regarding the environment. (See last month's newsletter for the appellate decision and friendsblackriverforest.org)
Kohler's appellate argument claimed that FBRF and park users, were not harmed by the land swap of state park land because the land swap in itself did not mean a course would be built. (In order to bring a suit a plaintiff must be harmed by an action, i.e. have standing). The appellate judgement found that the land exchange decision anticipated that Kohler Co. would construct a golf course and noted the impact of the decision on the Friends’ members.
From the Appellate Court decision: It is not difficult to imagine that the Friends will no longer be able to use the remaining parkland for recreation without interference from traffic and noise in the area caused by the golf course and its patrons. Similarly, it is easy to imagine that interference to habitats could interfere with the Friends ability to use the remaining parkland for recreational uses such as birding.
Decision, ¶ 22. - The Court also found that state laws “creat[e] an environmental interest in the protection and regulation of Wisconsin’s state parks, including the Kohler-Andrae State Park at the heart of the dispute here.” Decision, ¶ 29.
Background on land swap action: Since Federal Land and Water Conservation Act funds were used to purchase the land for the park in the 1960's, the land in question could not be traded or sold. In order for the DNR to give Kohler the prime State Park land the company wanted for its course, the land had to be removed from state conservation inventory. Therefore, a plan was conceived for a one-two punch maneuver at the February, 2018, meeting of the Natural Resources Board. The DNR asked to remove the land from conservation inventory claiming it was no longer needed for conservation purposes. The NRB approved and within only a few minutes granted approval for a swap of prime land with Kohler for land labeled "a nearly useless horse ranch" by former State Park Superintendent James Buchholz.
What are the DNR and Kohler arguing now? That, in fact, no one was harmed by the loss of state park land because it had been removed from state park inventory before it was swapped. (No mention of the one-two punch.) The DNR and the Kohler Company's legal arguments are desperate grasps at straws to defend their illegal maneuvers.
What should be of great concern to each Wisconsin resident is the amount of money we are paying to support the DNR and its covering up of its poor decisions.
Is there something wrong with the following actions?
1. The people of Wisconsin pay to maintain the DNR and its staff.
2. This agency used taxpayer money to defend its incomplete wetland permit before a state Administrative Law Judge.
3. The ALJ revoked the permit based on the permit's lack of critical groundwater impact information.
4. State Law requires that a non-profit be reimbursed its legal costs when it prevails against a state agency.
5. The DNR refuses to reimburse FBRF because it says it would take away from its funds used to maintain wetlands.
6. The DNR has joined Kohler's request to the Supreme Court to review the appellate court decision affirming a citizen's right to challenge a state agency's actions. The public is paying for this litigation. All of those who support FBRF are paying again to defend our rights and resources.
FBRF will continue to fight for the principles involved in this issue. Everyone, not just politically connected billionaires, has a legal right to challenge decisions involving their common resources. Everyone needs to play by the same rules written to protect our land, air and water. We are fighting to prevent precedent being established which would allow your state parks to be given to companies for their own profit. In separate challenges we are fighting a DNR issued wetland permit which skirts the issues of groundwater impacts.
“Our state parks are irreplaceable treasures. We need them now—more than ever,” said Friends President Mary Faydash. “The Friends of the Black River Forest will continue to fight to preserve our state parks for future generations, and not a luxury golf course.”
“Kohler and Attorney General Schimel tried to keep us from speaking up on behalf of Wisconsin citizens and state park users,” said Friends member and treasurer Claudia Bricks. “This decision affirms the right of ordinary citizens to have and use their voice."
The Kohler Company and the DNR have petitioned the Wisconsin Supreme Court to review a recent appellate court decision which affirmed the right of FBRF and citizens to challenge a state agency's actions, particularly regarding the environment. (See last month's newsletter for the appellate decision and friendsblackriverforest.org)
Kohler's appellate argument claimed that FBRF and park users, were not harmed by the land swap of state park land because the land swap in itself did not mean a course would be built. (In order to bring a suit a plaintiff must be harmed by an action, i.e. have standing). The appellate judgement found that the land exchange decision anticipated that Kohler Co. would construct a golf course and noted the impact of the decision on the Friends’ members.
From the Appellate Court decision: It is not difficult to imagine that the Friends will no longer be able to use the remaining parkland for recreation without interference from traffic and noise in the area caused by the golf course and its patrons. Similarly, it is easy to imagine that interference to habitats could interfere with the Friends ability to use the remaining parkland for recreational uses such as birding.
Decision, ¶ 22. - The Court also found that state laws “creat[e] an environmental interest in the protection and regulation of Wisconsin’s state parks, including the Kohler-Andrae State Park at the heart of the dispute here.” Decision, ¶ 29.
Background on land swap action: Since Federal Land and Water Conservation Act funds were used to purchase the land for the park in the 1960's, the land in question could not be traded or sold. In order for the DNR to give Kohler the prime State Park land the company wanted for its course, the land had to be removed from state conservation inventory. Therefore, a plan was conceived for a one-two punch maneuver at the February, 2018, meeting of the Natural Resources Board. The DNR asked to remove the land from conservation inventory claiming it was no longer needed for conservation purposes. The NRB approved and within only a few minutes granted approval for a swap of prime land with Kohler for land labeled "a nearly useless horse ranch" by former State Park Superintendent James Buchholz.
What are the DNR and Kohler arguing now? That, in fact, no one was harmed by the loss of state park land because it had been removed from state park inventory before it was swapped. (No mention of the one-two punch.) The DNR and the Kohler Company's legal arguments are desperate grasps at straws to defend their illegal maneuvers.
What should be of great concern to each Wisconsin resident is the amount of money we are paying to support the DNR and its covering up of its poor decisions.
Is there something wrong with the following actions?
1. The people of Wisconsin pay to maintain the DNR and its staff.
2. This agency used taxpayer money to defend its incomplete wetland permit before a state Administrative Law Judge.
3. The ALJ revoked the permit based on the permit's lack of critical groundwater impact information.
4. State Law requires that a non-profit be reimbursed its legal costs when it prevails against a state agency.
5. The DNR refuses to reimburse FBRF because it says it would take away from its funds used to maintain wetlands.
6. The DNR has joined Kohler's request to the Supreme Court to review the appellate court decision affirming a citizen's right to challenge a state agency's actions. The public is paying for this litigation. All of those who support FBRF are paying again to defend our rights and resources.
FBRF will continue to fight for the principles involved in this issue. Everyone, not just politically connected billionaires, has a legal right to challenge decisions involving their common resources. Everyone needs to play by the same rules written to protect our land, air and water. We are fighting to prevent precedent being established which would allow your state parks to be given to companies for their own profit. In separate challenges we are fighting a DNR issued wetland permit which skirts the issues of groundwater impacts.
“Our state parks are irreplaceable treasures. We need them now—more than ever,” said Friends President Mary Faydash. “The Friends of the Black River Forest will continue to fight to preserve our state parks for future generations, and not a luxury golf course.”
“Kohler and Attorney General Schimel tried to keep us from speaking up on behalf of Wisconsin citizens and state park users,” said Friends member and treasurer Claudia Bricks. “This decision affirms the right of ordinary citizens to have and use their voice."
Kohler Co. asks WI Supreme Court to review the recent appellate court decision which ruled in favor of FBRF (and therefore citizens) having standing to challenge state agency decisions, particularly in environmental cases. Oct. 16, 2020
FRBF Press Release, Sept. 15, 2020
The Wisconsin Court of Appeals has handed Friends of the Black River Forest a victory in the group’s challenge to a 2017 decision by the Department of Natural Resources to give land in Kohler-Andrae State Park to Kohler Co. to develop a golf course.
Court of Appeals judge rules FBRF has standing in land swap lawsuit - Sept. 15, 2020
Regarding the land exchange that took place between Kohler Co. and the Wisconsin DNR in which Kohler traded public land in Kohler-Andrae State Park for a horse farm adjacent to the park. Kohler Co. wants to use the park land for a parking lot, roundabout, road, and storage of fertilizer, golf carts and other equipment. "The Friends have alleged sufficient facts in the Amended Petition to meet the standing requirements of WIS. STAT. § 227.52 and WIS. STAT. § 227.53. We also conclude that it was an erroneous exercise of discretion for the Dane County Circuit Court to dismiss the Friends’ common law certiorari complaint on the basis of WIS. STAT. § 802.06(2)(a)10. We, therefore, reverse the dismissals and remand for proceedings consistent with this opinion."
Court reinstates challenge to Kohler-DNR land swap for Lake Michigan golf course project, Sept. 15, 2020
The park property that would go to Kohler includes thick woods, open sand dunes and wetlands. The state would get upland woodland, cropland, a home and outbuildings. - Journal-Sentinel Article, Sheboygan Press Article
Letter re: Land Swap from James Buchholz, former Park Superintendent for 27 years
"Clearly the exchange of property and easement are not in compliance withFederal rules on LAWCON 6(f) which prohibits giving publicly‐owned state park land to private individuals or corporations/companies..."
EPA failed to protect residents in nine Wisconsin counties, including Sheboygan, from unsafe levels of ozone pollution. In 2018, EPA designated a narrow band of “ozone nonattainment areas” in a few Wisconsin counties along the Lake Michigan shoreline. U.S. EPA also announced its decision that other areas in eastern Wisconsin are not violating the ozone air quality standard. This final decision greatly differed from preliminary designations 6 months earlier. The US Court of Appeals ruled the EPA must reconsider its ozone designations.
“Today’s decision in Clean Wisconsin v. US EPA is a major public health victory for people in nine southeastern Wisconsin counties along the shore of Lake Michigan,” said Susan Hedman, Counsel for Clean Wisconsin, the petitioners in the case. "The D.C. Circuit struck down EPA’s 'arbitrary and capricious' designations that Clean Wisconsin challenged because EPA’s actions failed to protect people in these counties from ozone levels that endanger health – especially children, the elderly, and individuals with respiratory disease such as asthma.”
"The court unanimously recognized that EPA’s action in deciding which areas of the country needed to do more to control ozone smog constituted arbitrary decision-making, drawing the smallest boundaries for reasons that were not supported by the facts on the ground or in the air," said Ann Weeks, Clean Air Task Force Legal Director, who argued the case in court on behalf of Clean Wisconsin. We are gratified that the Agency must, in short order, redo the work it must do to ensure that people experiencing high levels of dangerous ozone smog will be able to breathe cleaner air.” Read the decision.
Kohler-Andrae State Park area designated important migratory bird stopover site
Migration can be the most vulnerable time in a bird’s life as they travel through unfamiliar territory and face increased predation risk. Reluctant to cross the large body of water, these species tend to follow the shoreline and rely on coastal habitats. Because most migrants do not fly nonstop between their wintering and breeding areas, they make numerous stops, and must locate favorable habitat to rest and refuel in order to complete their journey. These rest areas, or stopover sites, play a crucial role for millions of migrating birds. Shoreline development is a top concern. Read the Entire Report, the section on Kohler-Andrae, the DNR Foundation article, or see a small Map.
Waterbird Watch eyes Lake Michigan Shore
Each spring and fall nearly 200 bird species either choose or are forced by weather to move along the lake’s edge. For the last six years, Calvin Brennan and others have counted birds for six hours a day, six days a week, from March 1-May 20 and Sept. 1-Dec. 7, for a unique project called Waterbird Watch along the Lake Michigan shore at Harrington Beach State Park on behalf of the Western Great Lakes Bird and Bat Observatory in Port Washington.
FRBF Newsletter, 3/31/20
- Kohler ignores legal protocol in its attempt to block FBRF's lawful fee award.
- Marram grass is now available to stabilize revetments and dunes. Order now.
FRBF Lawsuits Update
- Overturned an improperly issued DNR wetland permit. (As of March, 11, 2020, the appeal decision pending)
- Challenged the transfer and privatization of 6.7 acres of state park land from DNR to Kohler (In appeals)
- Challenged Kohler Co.'s incomplete EIS and poorly conceived storm water plan
State Supreme Court rules "Balloon on a String" annexations are OK, Feb. 14, 2020
In the case, the town of Wilson challenged a decision that upheld the city of Sheboygan's annexation of 250 acres within the town's limits. Kohler Co., which prompted the annexation, used "balloon on a string" tactics to annex the land, town of Wilson attorneys argued, buying a thin strip of properties that connected the city of Sheboygan with property that was more than a mile away, all because it had the sense that town of Wilson officials were unlikely to approve a conditional use permit for the golf course. There are still other pending cases surrounding the proposed course. FRBF is challenging the DNR's decision to give Kohler permits for wetland filling and storm drainage, and to transfer public land — different land than what was annexed by the city of Sheboygan — in the hands of a private owner. Article and history, 2/14/2020. Read the Court's ruling Here.
Town of Wilson Chair Comments regarding annexation case, 2/14/2020
"The Supreme Court's decision is certainly disappointing for the Town of Wilson and unfortunate for townships throughout the state. It allows cities to reach deep into townships forcibly and arbitrarily to take town land and develop it at will without representation from or regard for the people who live there.
It also makes a mockery of Wisconsin's annexation laws. It defeats the legislature's intent in the annexation statutes and affirms that anyone with deep pockets can purchase homes and fill them with temporary renters to meet the State's petition standards, and force other property owners to annex against their will, in order to create a gerrymandered narrow mile-long path to meet contiguity requirements.
The Supreme Court's decision today does not endorse such a practice as good policy, but it substantially turns the issue back to the legislature. Town governments across the state must now look to the legislature, not the courts, to protect them from this practice.
Moving forward we hope the City of Sheboygan will develop the land responsibly and in accordance with their own ordinances by taking seriously the environmental and other adverse impacts to the subject property and surrounding town residents."
Taking the Golf Out of Golf Communities - A story of adaptation and reinvention.
The golf course real estate industry took a hammering after the Great Recession, as an oversupply of courses failed to meet demand from buyers. A decade later, the situation is still shaking out. Course closures have averaged around 200 a year in recent years, according to the National Golf Foundation. - New York Times, March 2020
Golf Club for 1% wants to seize a migratory bird habitat. The course in Jersey City, NJ, says it needs the land to compete for tournaments. A birder counters, "It's really just an obscenity." Caven Point, is a migratory bird habitat near elevated walkways that allow visitors to wander, from March to October, through tall reeds and onto the sandy beach. The other half of the year the wildlife is considered too fragile to permit access. But it is there that Liberty National officials hope to build three new holes, bringing more of the 18-hole course closer to the water’s telegenic edge and helping it draw high-profile PGA Tour events.
The Bull, a Jack Nicklaus signature course in Sheboygan County, in Chapter 7 bankruptcy
A foreclosure of the property situated in Sheboygan Falls was filed in October 2019, stating The Bull defaulted on $4.2 million owed to Wisconsin Bank and Trust, according to court documents.
Friends of the Black River Forest receives grant from Patagonia, the outdoor apparel company recognized internationally for its authentic commitment to quality, corporate responsibility, and environmental activism. The Patagonia grant supports a suite of legal actions to ensure that the Wisconsin Department of Natural Resources applies Wisconsin conservation law fairly and consistently.
Kohler Co. to pay $20 million Civil Penalty - EPA, Department of Justice, & State of CA Clean Air Act Settlement to reduce emissions by 3,600 tons. The violations pertain to Kohler’s manufacture and sale of millions of small, non-road, non-handheld spark-ignition engines that did not conform to the certification applications Kohler was required to submit to the EPA and the CARB. More than 144,000 of the engines were also equipped with a fueling strategy designed to cheat emissions testing standards (commonly referred to as a “defeat device”). Small SI engines are used in lawn mowers, ride-on mowers, commercial landscaping equipment, and generators.
...“Today’s settlement will reduce air pollutants by 3,600 tons and require Kohler to implement procedures to help ensure future compliance with environmental regulations”…
Community Meeting, Wed. Feb. 26- Black River Flooding - High Water Table - Rising Lake Levels
The Black River Advancement Association is sponsoring an informational meeting on Wednesday, Feb. 26, 2020 from 7-8pm at the BRAA Hall, 435 Indian Mound Road, Sheboygan. Speakers: Roger G. Miller, President, Miller Engineers and Scientists, and John Ehmann, Chair, Town of Wilson
Sierra Club-John Muir Chapter partners with FRBF
The Sierra Club has joined FRBF In opposition to Kohler Company’s proposed golf course development north of Kohler-Andrae State Park. Former Kohler-Andrae state park superintendent James Buchholz, who served for 25 years, said in a letter to the DNR, “removal of 4 acres of state park property (which is owned and cherished by the citizens of Wisconsin) and giving it to the Kohler Company for their [commercial] use is wrong. It is also against the rules governing the Federal Land and Water Conservation Act (LAWCON). In addition, this action would be contrary to State of Wisconsin rules and past policies against giving away or selling state park property without just cause or need.” The park currently has 430,000 annual visitors, making it one of Wisconsin’s most popular parks. Press Release
Amicus Brief filed on behalf of FRBF by Clean Wisconsin re: Land Swap
"Accepting the Circuit Court’s erroneous and novel standing ruling would deprive Wisconsin residents of their right to vindicate their interests in the natural world at a time when those interests need more appreciation and protection than ever. We urge this Court to reverse the Circuit Court’s ruling and allow Wisconsin residents an opportunity to be heard on the critical issues in this case."
Please watch and share our new videos!
Save Kohler Andrae State Park from destruction: Wisconsin DNR could give billionaire popular state park land for a golf course. For more information go to http://www.savekohlerandrae.com/
1. Billionaire Wants to be Given Our State Park Land
2. The Air We Breathe
Town of Wilson Special Edition Newsletter addressing annexation
The Wisconsin Supreme Court needled over questions of bordering properties in September during arguments in a case pitting a town against a city over land annexed for a luxury golf course.
Courthouse News Service is a nationwide news service for lawyers and the news media.
Judge Reverses Kohler Wetland Permit, March 18, 2019 (appeal decision still pending)
An administrative law judge reversed a permit granted by the DNR to Kohler Co. which would have allowed the company to fill four acres of high-quality wetland for a new golf course in Sheboygan County, on land north of and within Kohler-Andrae State Park. In reversing the permit, the judge found the standards for issuing the permit had not been met and that DNR lacked sufficient information to grant the permit. View Press Release
Ozaukee Press Editorial
"The DNR’s granting of the permit was so contrary to scientific evaluation of the threat to the environment of an extremely sensitive area of ridge and swale wetlands that it fed accusations that the decision was politically motivated." "The land... ...is home to a system of wetlands and sand dunes that is so rare it is said there are few places like it in the world. The habitat it creates is so valuable to endangered animal and plant species that it is protected by state and federal law."
~ The Ozaukee Press is Wisconsin's largest paid circulation community weekly
Order a new yard sign and help spread the word throughout the state.
All Wisconsin state park land is at risk of being sold to well-connected companies if FRBF does not prevail in our lawsuit against the DNR. Send an email to friendsbrf@hotmail.com
FRBF Press Release, Sept. 15, 2020
The Wisconsin Court of Appeals has handed Friends of the Black River Forest a victory in the group’s challenge to a 2017 decision by the Department of Natural Resources to give land in Kohler-Andrae State Park to Kohler Co. to develop a golf course.
Court of Appeals judge rules FBRF has standing in land swap lawsuit - Sept. 15, 2020
Regarding the land exchange that took place between Kohler Co. and the Wisconsin DNR in which Kohler traded public land in Kohler-Andrae State Park for a horse farm adjacent to the park. Kohler Co. wants to use the park land for a parking lot, roundabout, road, and storage of fertilizer, golf carts and other equipment. "The Friends have alleged sufficient facts in the Amended Petition to meet the standing requirements of WIS. STAT. § 227.52 and WIS. STAT. § 227.53. We also conclude that it was an erroneous exercise of discretion for the Dane County Circuit Court to dismiss the Friends’ common law certiorari complaint on the basis of WIS. STAT. § 802.06(2)(a)10. We, therefore, reverse the dismissals and remand for proceedings consistent with this opinion."
Court reinstates challenge to Kohler-DNR land swap for Lake Michigan golf course project, Sept. 15, 2020
The park property that would go to Kohler includes thick woods, open sand dunes and wetlands. The state would get upland woodland, cropland, a home and outbuildings. - Journal-Sentinel Article, Sheboygan Press Article
Letter re: Land Swap from James Buchholz, former Park Superintendent for 27 years
"Clearly the exchange of property and easement are not in compliance withFederal rules on LAWCON 6(f) which prohibits giving publicly‐owned state park land to private individuals or corporations/companies..."
EPA failed to protect residents in nine Wisconsin counties, including Sheboygan, from unsafe levels of ozone pollution. In 2018, EPA designated a narrow band of “ozone nonattainment areas” in a few Wisconsin counties along the Lake Michigan shoreline. U.S. EPA also announced its decision that other areas in eastern Wisconsin are not violating the ozone air quality standard. This final decision greatly differed from preliminary designations 6 months earlier. The US Court of Appeals ruled the EPA must reconsider its ozone designations.
“Today’s decision in Clean Wisconsin v. US EPA is a major public health victory for people in nine southeastern Wisconsin counties along the shore of Lake Michigan,” said Susan Hedman, Counsel for Clean Wisconsin, the petitioners in the case. "The D.C. Circuit struck down EPA’s 'arbitrary and capricious' designations that Clean Wisconsin challenged because EPA’s actions failed to protect people in these counties from ozone levels that endanger health – especially children, the elderly, and individuals with respiratory disease such as asthma.”
"The court unanimously recognized that EPA’s action in deciding which areas of the country needed to do more to control ozone smog constituted arbitrary decision-making, drawing the smallest boundaries for reasons that were not supported by the facts on the ground or in the air," said Ann Weeks, Clean Air Task Force Legal Director, who argued the case in court on behalf of Clean Wisconsin. We are gratified that the Agency must, in short order, redo the work it must do to ensure that people experiencing high levels of dangerous ozone smog will be able to breathe cleaner air.” Read the decision.
Kohler-Andrae State Park area designated important migratory bird stopover site
Migration can be the most vulnerable time in a bird’s life as they travel through unfamiliar territory and face increased predation risk. Reluctant to cross the large body of water, these species tend to follow the shoreline and rely on coastal habitats. Because most migrants do not fly nonstop between their wintering and breeding areas, they make numerous stops, and must locate favorable habitat to rest and refuel in order to complete their journey. These rest areas, or stopover sites, play a crucial role for millions of migrating birds. Shoreline development is a top concern. Read the Entire Report, the section on Kohler-Andrae, the DNR Foundation article, or see a small Map.
Waterbird Watch eyes Lake Michigan Shore
Each spring and fall nearly 200 bird species either choose or are forced by weather to move along the lake’s edge. For the last six years, Calvin Brennan and others have counted birds for six hours a day, six days a week, from March 1-May 20 and Sept. 1-Dec. 7, for a unique project called Waterbird Watch along the Lake Michigan shore at Harrington Beach State Park on behalf of the Western Great Lakes Bird and Bat Observatory in Port Washington.
FRBF Newsletter, 3/31/20
- Kohler ignores legal protocol in its attempt to block FBRF's lawful fee award.
- Marram grass is now available to stabilize revetments and dunes. Order now.
FRBF Lawsuits Update
- Overturned an improperly issued DNR wetland permit. (As of March, 11, 2020, the appeal decision pending)
- Challenged the transfer and privatization of 6.7 acres of state park land from DNR to Kohler (In appeals)
- Challenged Kohler Co.'s incomplete EIS and poorly conceived storm water plan
State Supreme Court rules "Balloon on a String" annexations are OK, Feb. 14, 2020
In the case, the town of Wilson challenged a decision that upheld the city of Sheboygan's annexation of 250 acres within the town's limits. Kohler Co., which prompted the annexation, used "balloon on a string" tactics to annex the land, town of Wilson attorneys argued, buying a thin strip of properties that connected the city of Sheboygan with property that was more than a mile away, all because it had the sense that town of Wilson officials were unlikely to approve a conditional use permit for the golf course. There are still other pending cases surrounding the proposed course. FRBF is challenging the DNR's decision to give Kohler permits for wetland filling and storm drainage, and to transfer public land — different land than what was annexed by the city of Sheboygan — in the hands of a private owner. Article and history, 2/14/2020. Read the Court's ruling Here.
Town of Wilson Chair Comments regarding annexation case, 2/14/2020
"The Supreme Court's decision is certainly disappointing for the Town of Wilson and unfortunate for townships throughout the state. It allows cities to reach deep into townships forcibly and arbitrarily to take town land and develop it at will without representation from or regard for the people who live there.
It also makes a mockery of Wisconsin's annexation laws. It defeats the legislature's intent in the annexation statutes and affirms that anyone with deep pockets can purchase homes and fill them with temporary renters to meet the State's petition standards, and force other property owners to annex against their will, in order to create a gerrymandered narrow mile-long path to meet contiguity requirements.
The Supreme Court's decision today does not endorse such a practice as good policy, but it substantially turns the issue back to the legislature. Town governments across the state must now look to the legislature, not the courts, to protect them from this practice.
Moving forward we hope the City of Sheboygan will develop the land responsibly and in accordance with their own ordinances by taking seriously the environmental and other adverse impacts to the subject property and surrounding town residents."
Taking the Golf Out of Golf Communities - A story of adaptation and reinvention.
The golf course real estate industry took a hammering after the Great Recession, as an oversupply of courses failed to meet demand from buyers. A decade later, the situation is still shaking out. Course closures have averaged around 200 a year in recent years, according to the National Golf Foundation. - New York Times, March 2020
Golf Club for 1% wants to seize a migratory bird habitat. The course in Jersey City, NJ, says it needs the land to compete for tournaments. A birder counters, "It's really just an obscenity." Caven Point, is a migratory bird habitat near elevated walkways that allow visitors to wander, from March to October, through tall reeds and onto the sandy beach. The other half of the year the wildlife is considered too fragile to permit access. But it is there that Liberty National officials hope to build three new holes, bringing more of the 18-hole course closer to the water’s telegenic edge and helping it draw high-profile PGA Tour events.
The Bull, a Jack Nicklaus signature course in Sheboygan County, in Chapter 7 bankruptcy
A foreclosure of the property situated in Sheboygan Falls was filed in October 2019, stating The Bull defaulted on $4.2 million owed to Wisconsin Bank and Trust, according to court documents.
Friends of the Black River Forest receives grant from Patagonia, the outdoor apparel company recognized internationally for its authentic commitment to quality, corporate responsibility, and environmental activism. The Patagonia grant supports a suite of legal actions to ensure that the Wisconsin Department of Natural Resources applies Wisconsin conservation law fairly and consistently.
Kohler Co. to pay $20 million Civil Penalty - EPA, Department of Justice, & State of CA Clean Air Act Settlement to reduce emissions by 3,600 tons. The violations pertain to Kohler’s manufacture and sale of millions of small, non-road, non-handheld spark-ignition engines that did not conform to the certification applications Kohler was required to submit to the EPA and the CARB. More than 144,000 of the engines were also equipped with a fueling strategy designed to cheat emissions testing standards (commonly referred to as a “defeat device”). Small SI engines are used in lawn mowers, ride-on mowers, commercial landscaping equipment, and generators.
...“Today’s settlement will reduce air pollutants by 3,600 tons and require Kohler to implement procedures to help ensure future compliance with environmental regulations”…
Community Meeting, Wed. Feb. 26- Black River Flooding - High Water Table - Rising Lake Levels
The Black River Advancement Association is sponsoring an informational meeting on Wednesday, Feb. 26, 2020 from 7-8pm at the BRAA Hall, 435 Indian Mound Road, Sheboygan. Speakers: Roger G. Miller, President, Miller Engineers and Scientists, and John Ehmann, Chair, Town of Wilson
Sierra Club-John Muir Chapter partners with FRBF
The Sierra Club has joined FRBF In opposition to Kohler Company’s proposed golf course development north of Kohler-Andrae State Park. Former Kohler-Andrae state park superintendent James Buchholz, who served for 25 years, said in a letter to the DNR, “removal of 4 acres of state park property (which is owned and cherished by the citizens of Wisconsin) and giving it to the Kohler Company for their [commercial] use is wrong. It is also against the rules governing the Federal Land and Water Conservation Act (LAWCON). In addition, this action would be contrary to State of Wisconsin rules and past policies against giving away or selling state park property without just cause or need.” The park currently has 430,000 annual visitors, making it one of Wisconsin’s most popular parks. Press Release
Amicus Brief filed on behalf of FRBF by Clean Wisconsin re: Land Swap
"Accepting the Circuit Court’s erroneous and novel standing ruling would deprive Wisconsin residents of their right to vindicate their interests in the natural world at a time when those interests need more appreciation and protection than ever. We urge this Court to reverse the Circuit Court’s ruling and allow Wisconsin residents an opportunity to be heard on the critical issues in this case."
Please watch and share our new videos!
Save Kohler Andrae State Park from destruction: Wisconsin DNR could give billionaire popular state park land for a golf course. For more information go to http://www.savekohlerandrae.com/
1. Billionaire Wants to be Given Our State Park Land
2. The Air We Breathe
Town of Wilson Special Edition Newsletter addressing annexation
The Wisconsin Supreme Court needled over questions of bordering properties in September during arguments in a case pitting a town against a city over land annexed for a luxury golf course.
Courthouse News Service is a nationwide news service for lawyers and the news media.
Judge Reverses Kohler Wetland Permit, March 18, 2019 (appeal decision still pending)
An administrative law judge reversed a permit granted by the DNR to Kohler Co. which would have allowed the company to fill four acres of high-quality wetland for a new golf course in Sheboygan County, on land north of and within Kohler-Andrae State Park. In reversing the permit, the judge found the standards for issuing the permit had not been met and that DNR lacked sufficient information to grant the permit. View Press Release
Ozaukee Press Editorial
"The DNR’s granting of the permit was so contrary to scientific evaluation of the threat to the environment of an extremely sensitive area of ridge and swale wetlands that it fed accusations that the decision was politically motivated." "The land... ...is home to a system of wetlands and sand dunes that is so rare it is said there are few places like it in the world. The habitat it creates is so valuable to endangered animal and plant species that it is protected by state and federal law."
~ The Ozaukee Press is Wisconsin's largest paid circulation community weekly
Order a new yard sign and help spread the word throughout the state.
All Wisconsin state park land is at risk of being sold to well-connected companies if FRBF does not prevail in our lawsuit against the DNR. Send an email to friendsbrf@hotmail.com
Order your new yard sign and help spread the word! friendsbrf@hotmail.com
|
Learn more about FRBF's effort to STOP the DNR from giving our state park land to business for private profit
|
Kohler Co.'s sustainability mission:
"We are committed to leaving the world a better place than we found it..."
Kohler would cut down 45,000 mature trees or more for the proposed course.
North America Has Lost 3 Billion Birds
More than 90% of the loss can be attributed to just a dozen bird families. Grassland birds have suffered a 53% decrease in their numbers, and more than a third of the shorebird population has been lost due to habitat degradation, urbanization and the use of toxic pesticides.
Old Wisconsin Golf Courses Find New Life As Wildlife Areas
"For about a decade, a 116-acre site near Lake Michigan formerly known as The Squires Golf Club (a few miles north of Port Washington) has been the Forest Beach Migratory Preserve. Whereas a golf course probably has a more of a mono-culture habitat, we have eight different distinct habitats. There are 27 different wetlands across this property. The way we've been able restore native vegetative species to the landscape has meant there's more bugs, more seeds from the plants, more food for the migrating birds."
North America Has Lost 3 Billion Birds
More than 90% of the loss can be attributed to just a dozen bird families. Grassland birds have suffered a 53% decrease in their numbers, and more than a third of the shorebird population has been lost due to habitat degradation, urbanization and the use of toxic pesticides.
Old Wisconsin Golf Courses Find New Life As Wildlife Areas
"For about a decade, a 116-acre site near Lake Michigan formerly known as The Squires Golf Club (a few miles north of Port Washington) has been the Forest Beach Migratory Preserve. Whereas a golf course probably has a more of a mono-culture habitat, we have eight different distinct habitats. There are 27 different wetlands across this property. The way we've been able restore native vegetative species to the landscape has meant there's more bugs, more seeds from the plants, more food for the migrating birds."
John Durbrow turned Emerald Hills Golf Course in Two Rivers into a diverse and thriving forest that would serve as a public amenity as well as an important stop-over site for migratory birds along the Lake Michigan flyway... With legal protection in place, he feels secure that as lakeshore development pressure continues to rise, he has contributed a legacy of land protection, avian sanctuary and public enjoyment. Read the article.
New book will feature history of the unique Black River Area of Sheboygan
"The area still maintains its uniqueness as a quiet retreat away from commercialism and development...
If the predictions for the anticipated economic benefits are accurate, the activities at the completed golf course and the traffic leading to it would forever destroy the serenity that has been so arduously preserved all these years." James Schultz is working along with the county historical society to create a new book about Black River.
Psychological, economic, and social effects of air pollution, a new study by Jackson Lu
Air pollution decreases happiness and life satisfaction, and increases annoyance, anxiety, mental disorders, self-harm, and suicide. Economically, it hurts work productivity and stock markets. Socially, it worsens criminal activities and perceptions of the government. Cognitively, it impairs cognitive functioning and decision making. Behaviorally, air pollution triggers avoidance behavior, defensive expenditure, and migration as coping strategies.
Climate Grief: The growing emotional toll of climate change
The increasing visibility of climate change, combined with bleak scientific reports and rising carbon dioxide emissions, is taking a toll on mental health, especially among young people, who are increasingly losing hope for their future. A 17-year-old activist with iMatter, a network of high school students who advocate for environmental measures on a local level struggles to understand how people, especially adults, can continue with business as usual. “It wasn’t our choice to be born into a doomed world,” she said. “All this terrible stuff can happen by 2030, and I won’t even be 30 years old. It’s so frightening.” ~ NBC News
Sheboygan Ozone Reduction Alliance
Check out their fact sheet regarding splitting the county into attainment and non-attainment. SORA does not support this split as it does not address poor air quality. Last year, Sheboygan was #24 in the most polluted cities in the U.S. As of April 2019, the American Lung Association ranked us #20. Written comments accepted to Cami.Peterson@wisconsin.gov.
Sheboygan Mayor is "Vice Chair" of Great Lakes Conference - How could Mayor Vandersteen approve of the proposed Kohler golf course with no review of the impacts to Lake Michigan and yet be a part the GLSCI’s group’s goals? How could an environmental group allow TruGreen, of all polluters, to sponsor it?
According to an investigation by Toxics Action Center, a New England-based organization that is committed to reducing environmental problems and pollution throughout the United States, “13 of 32 (41 percent) of TruGreen ChemLawn’s pesticide products include ingredients that are banned or restricted in other countries.”
"...We tackle issues and obstacles that face the health and conservation of the Great Lakes ... and their communities. It is our mission not only to educate and protect our member mayors from threats that arise from water pollution and damaging weather events but also to defend the greatest source of freshwater in the world from invasive species, pollution and depletion. Our conference theme this year is Living Blue: Transforming Waterfronts and the three pillars of the conference are social and community engagement, economic growth and sustainable strength in waterfront communities." - GLSCI information
FRBF Newsletter May 20, 2019 - The Power of Five: Can you spare $5 to help FRBF during Kohler's appeal of their overturned wetlands permit? Here's a link to The Power of Five Donation Page.
How Wetlands Help Us - Simple illustrations and clear language outline how wetlands manage water and support watershed health. Wetlands in different parts of a watershed manage water in different ways, and collectively all of the wetlands in our watersheds reduce flood damages, help keep our waters clean, and ensure we have water to drink and use in our communities. Three minute video
Video and Article - Journal Sentinel - A wetlands expert who worked on the project before retiring testified that Kohler’s project would have the most significant harmful impact of any she reviewed in 37 years.
Please help us raise the funds to see this battle for nature through
What is more important than protecting our fundamental rights to breathe clean air, drink clean water and protect our homes and community? Donate using GoFundMe
Join Our Team
This was a critical stage in our challenge to the DNR and NRB. Kohler has appealed this ruling so we continue to raise funds for filings regarding any Kohler appeals and the land swap appeal. FBRF is going to Madison in June for a live telethon. Watch our newsletters and Facebook for details. The goal is $150,000 and every dollar or $5 helps us get there. We are not giving up. Thank you! Find out more.
New book will feature history of the unique Black River Area of Sheboygan
"The area still maintains its uniqueness as a quiet retreat away from commercialism and development...
If the predictions for the anticipated economic benefits are accurate, the activities at the completed golf course and the traffic leading to it would forever destroy the serenity that has been so arduously preserved all these years." James Schultz is working along with the county historical society to create a new book about Black River.
Psychological, economic, and social effects of air pollution, a new study by Jackson Lu
Air pollution decreases happiness and life satisfaction, and increases annoyance, anxiety, mental disorders, self-harm, and suicide. Economically, it hurts work productivity and stock markets. Socially, it worsens criminal activities and perceptions of the government. Cognitively, it impairs cognitive functioning and decision making. Behaviorally, air pollution triggers avoidance behavior, defensive expenditure, and migration as coping strategies.
Climate Grief: The growing emotional toll of climate change
The increasing visibility of climate change, combined with bleak scientific reports and rising carbon dioxide emissions, is taking a toll on mental health, especially among young people, who are increasingly losing hope for their future. A 17-year-old activist with iMatter, a network of high school students who advocate for environmental measures on a local level struggles to understand how people, especially adults, can continue with business as usual. “It wasn’t our choice to be born into a doomed world,” she said. “All this terrible stuff can happen by 2030, and I won’t even be 30 years old. It’s so frightening.” ~ NBC News
Sheboygan Ozone Reduction Alliance
Check out their fact sheet regarding splitting the county into attainment and non-attainment. SORA does not support this split as it does not address poor air quality. Last year, Sheboygan was #24 in the most polluted cities in the U.S. As of April 2019, the American Lung Association ranked us #20. Written comments accepted to Cami.Peterson@wisconsin.gov.
Sheboygan Mayor is "Vice Chair" of Great Lakes Conference - How could Mayor Vandersteen approve of the proposed Kohler golf course with no review of the impacts to Lake Michigan and yet be a part the GLSCI’s group’s goals? How could an environmental group allow TruGreen, of all polluters, to sponsor it?
According to an investigation by Toxics Action Center, a New England-based organization that is committed to reducing environmental problems and pollution throughout the United States, “13 of 32 (41 percent) of TruGreen ChemLawn’s pesticide products include ingredients that are banned or restricted in other countries.”
"...We tackle issues and obstacles that face the health and conservation of the Great Lakes ... and their communities. It is our mission not only to educate and protect our member mayors from threats that arise from water pollution and damaging weather events but also to defend the greatest source of freshwater in the world from invasive species, pollution and depletion. Our conference theme this year is Living Blue: Transforming Waterfronts and the three pillars of the conference are social and community engagement, economic growth and sustainable strength in waterfront communities." - GLSCI information
FRBF Newsletter May 20, 2019 - The Power of Five: Can you spare $5 to help FRBF during Kohler's appeal of their overturned wetlands permit? Here's a link to The Power of Five Donation Page.
How Wetlands Help Us - Simple illustrations and clear language outline how wetlands manage water and support watershed health. Wetlands in different parts of a watershed manage water in different ways, and collectively all of the wetlands in our watersheds reduce flood damages, help keep our waters clean, and ensure we have water to drink and use in our communities. Three minute video
Video and Article - Journal Sentinel - A wetlands expert who worked on the project before retiring testified that Kohler’s project would have the most significant harmful impact of any she reviewed in 37 years.
Please help us raise the funds to see this battle for nature through
What is more important than protecting our fundamental rights to breathe clean air, drink clean water and protect our homes and community? Donate using GoFundMe
Join Our Team
This was a critical stage in our challenge to the DNR and NRB. Kohler has appealed this ruling so we continue to raise funds for filings regarding any Kohler appeals and the land swap appeal. FBRF is going to Madison in June for a live telethon. Watch our newsletters and Facebook for details. The goal is $150,000 and every dollar or $5 helps us get there. We are not giving up. Thank you! Find out more.
Kohler Co.'s sustainability mission:
"We are committed to leaving the world a better place than we found it..."
Kohler would cut down 45,000 mature trees or more for the proposed course.
"We are committed to leaving the world a better place than we found it..."
Kohler would cut down 45,000 mature trees or more for the proposed course.
"When you put in revetment, the forces that affect the coastline adjacent... are magnified about TEN times."
It looks like three of Kohler's proposed golf course holes would now be in the lake, due to erosion of hundreds of feet of sandy beach over the last few years. What will they do? Build bulkheads like they did at Whistling Straits? What will happen to the dunes at Kohler-Andrea State Park to the south and to the properties of homeowners to the north? ~ Revetment comment from the Natural Resources Foundation article "A Race Against Time," Dec. 2018
Tree removal, wetlands destruction, deforestation, pollution caused by proposed course
"Kohler’s grading plan for the golf course included on DNR’s website shows that about 63% of that upland forest gets re-graded, which would necessarily remove about 30,000 to 45,000 trees, as a rough estimate, having trunks greater than 6” diameter." ~ Roger Miller, PE, President, Miller Engineers & Scientists, Nov., 2018
Former DNR Employee: Staff pressured to OK Kohler golf course on rare Wisconsin wetlands, park
... the DNR completed its environmental assessment before seeing detailed plans from Kohler — backwards of the normal process. She assumed Kohler’s request for a wetland permit, required to build the golf course, would never be granted. ~ WPR/The Cap Times, 11-11-18
How about a John Michael Kohler's HEALING FOREST?
Some of our friends created this vision board. The ideas would enrich the Kohler family name and prove they are leaders in protecting our water (not just water in other countries), protect the state park, and would be beneficial to the community for future generations. To help them achieve their own vision to be 100% sustainable and to be a steward of the environment.
Deed - Kohler's gift to the state, 1965 - There are covenants on the deed that read as follows: —To preserve the natural beauty of an unique area along the westerly shore of Lake Michigan. —To provide the people of the State of Wisconsin with an interesting and naturally beautiful recreational area. —To recognize the contributions to the conservation of Wisconsin’s natural resources made by John Michael Kohler and his family. By accepting this deed of gift the State of Wisconsin had to agree to: 1. The property shall be used for state park and public recreational purposes. 2. The property shall be know officially as JOHN MICHAEL KOHLER STATE PARK.
Trees Could Change the Climate More Than Scientists Thought
Vegetation can control weather patterns across huge distances. The destruction or expansion of forests on one continent might boost rainfall or cause a drought halfway around the world.
Opponents of Kohler golf course claim Wisconsin DNR caved to political pressure
A retired DNR employee, a specialist in wetlands who worked on the Kohler project before leaving the agency, testified that the company’s project would have the most significant negative wetland impact of any project she reviewed in 37 years at the agency... in her tenure the only other case of potential significant wetlands loss that came as close is when the department approved a permit for the $75 million Meteor Timber plant in Monroe County to process sand used by oil drillers to extract oil and natural gas. Meteor’s wetland permit attracted the attention of legislators in February and March when the Republican-controlled Assembly voted to exempt the company from needing a state permit for destroying wetlands, if certain conservation practices are followed. Environmentalists and Democrats raised objections and the Senate never took up the measure. Journal-Sentinel article, Nov 19
Gov. Walker's Eight Year War on Wisconsin's Environment
A 21-part retrospective series by James Rowen of the Political Environment.
FRBF Update, Sept. 2018
We are the only nonprofit group fighting this appalling threat to the Lake Michigan ecosystem and unprecedented land grab in court. We say this is unprecedented because Kohler does not need our state land for ingress and egress as the company has its own land. Please donate $10 to help us. Thank you!
WI Corporations Attend Global Climate Summit
Clay Nesler of Johnson Controls and Jeff Thompson, CEO of Gundersen Health System are attending. In 2008, Gundersen began to reduce its greenhouse gas emissions. “And we made money and we did it all with locally sourced energy supply that boosted the local economy.” Johnson Controls and others companies plan to dig deeper to reduce their carbon footprints through a new initiative called Science Based Targets.
Atty Gen. Grad Schimel States Wisconsin Residents Have No Interest in State Parks
"If granted, this motion to dismiss sets a precedent that should worry Wisconsin residents, regardless of how they might feel about building another luxury golf course on the shores of Lake Michigan. A legal precedent that holds that Wisconsin residents are not legally entitled even to request judicial review of a state agency’s decisions essentially means that monied interests are free to deal, literally, with public agencies for control of public assets maintained with public resources while the public is sidelined at a crucial moment." Press Release, Aug. 3, 2018
Read testimonies from the DNR Wetland hearing, 6/8/18
This summarizes everything you need to know about the wetlands issue, taking of public state park lands, the questionable land swap and more.
Wisconsin Wetlands Association: "While it is rare for us to weigh in on project-specific proposals, we do so in cases where the proposed project poses a threat to rare or exceptionally high quality wetland resources or when the decision will establish a precedent for how the state implements existing wetland protection laws."
FRBF Update, 6/8/18
Black River: One of county's most beautiful areas
Running southward from the mouth of the Black River is an extensive area of virgin timber. Large, stately pines predominate, but there are other trees, shrubs and vegetation in the area, which makes the section one that inspires the nature-lover. Sheboygan Press article, 5/21/18
Notice of Contested Case Hearing
In February, 2018, Friends of the Black River Forest submitted a Petition for a Contested Case hearing (Petition) to review the decision. On March 19 the DNR granted the request for a hearing and certified the following issues for hearing: 1 . Whether the permit satisfies the standards in Wis. Stat. 281.36; 2. Whether the Department had sufficient information to consider the standards; 3. Whether the public had sufficient information to comment on the standards; 4, Whether the mitigation required under the statute compensates for adverse impacts to wetlands.
Wetland Permit Issued to Kohler from DNR, Jan. 2018
What water, wetland protection is all about, according to the Wisconsin Supreme Court in 1960
"A little fill here and there may seem to be nothing to become excited about. But one fill, though comparatively inconsequential, may lead to another, and another, and before long a great body may be eaten away until it may no longer exist. Our navigable waters are a precious natural heritage, once gone, they disappear forever," wrote the Wisconsin Supreme Court in its 1960 opinion resolving Hixon v. PSC and buttressing The Public Trust Doctrine, Article IX of the Wisconsin State Constitution.
Bill Would Protect Wisconsin Indian Burial Mounds
The bill was prompted by another piece of legislation two years ago that would have made it easier for landowners to excavate and potentially develop Indian mounds. The original bill made tribal leaders realize that many lawmakers didn't know how sacred the mounds are.
Wisconsin citizens show up in force at hearings on legislature’s wetland bills - 12/21/17
DNR Reports “Common Themes,” No Build Alternative is only option While the DNR did not feel they had to report a list of common concerns regarding Kohler’s proposed golf course to Friends of the Black River Forest, they did report them to Kohler. In an email from the DNR to Kohler Company, the DNR reported the common themes they received from the Public at the Public Meeting in Sheboygan in August. The opposition to the Golf Course is overwhelming. See more.
DNR expert slams GOP bill he says would roll back hazardous air regulations This is a must read article about a current DNR expert who is speaking out about the health impacts from the removal of monitors. Jeff Myers, who has worked at the agency for 28 years and is an expert in air pollution toxicology, told the Assembly Committee on Federalism and Interstate Relations in Madison on Nov. 21 that he was speaking as a private citizen. “If this bill is passed, emissions of hazardous air pollutants will go up,” Myers said. “If emissions go up, exposure will increase and therefore, Wisconsin residents will be at greater risk of adverse health effects.”
Annotated Draft EIS
In an amazingly Kohler-centered Updated Draft Environmental Impact Statement, the DNR has shown it expects to approve a wetland permit application for the proposed Kohler golf course because it has been told to. There is no other explanation for the lack of scientific data. FBRF has annotated the DEIS which you can access at this link.
Army Corps of Engineers Letter
No public hearing needed for permit to discharge dredged material or fill in wetlands. 10/3/17
FRBF Letter to Army Corps of Engineers, May, 2017
Has Herbert V. Kohler, Jr. Gone too Far? thoughts from FBRF
Commentary on Stantec response to DNR's Request for missing info: If Kohler wishes to build another 'world class golf course' I am sure that they could find an already-disturbed farm of 200+ acres in Sheboygan or southern Manitowoc Counties. Although not pristine, this area still has great conservation and natural area value, recognized decades ago by all including the Kohler family. Another world-class golf course is feasible to create in many settings but creating a replacement for the features in this natural area is impossible. This cannot be a “win-win” situation as stated early in the review process; if Kohler wins, the natural area loses. ~ Dr. Quentin Carpenter, Nelson Institute for Environmental Studies, UW-Madison
Wisconsin’s public trust doctrine is part of the state constitution and it declares all navigable waters in the state open to the public, no matter what kind of private property surrounds them.
It looks like three of Kohler's proposed golf course holes would now be in the lake, due to erosion of hundreds of feet of sandy beach over the last few years. What will they do? Build bulkheads like they did at Whistling Straits? What will happen to the dunes at Kohler-Andrea State Park to the south and to the properties of homeowners to the north? ~ Revetment comment from the Natural Resources Foundation article "A Race Against Time," Dec. 2018
Tree removal, wetlands destruction, deforestation, pollution caused by proposed course
"Kohler’s grading plan for the golf course included on DNR’s website shows that about 63% of that upland forest gets re-graded, which would necessarily remove about 30,000 to 45,000 trees, as a rough estimate, having trunks greater than 6” diameter." ~ Roger Miller, PE, President, Miller Engineers & Scientists, Nov., 2018
Former DNR Employee: Staff pressured to OK Kohler golf course on rare Wisconsin wetlands, park
... the DNR completed its environmental assessment before seeing detailed plans from Kohler — backwards of the normal process. She assumed Kohler’s request for a wetland permit, required to build the golf course, would never be granted. ~ WPR/The Cap Times, 11-11-18
How about a John Michael Kohler's HEALING FOREST?
Some of our friends created this vision board. The ideas would enrich the Kohler family name and prove they are leaders in protecting our water (not just water in other countries), protect the state park, and would be beneficial to the community for future generations. To help them achieve their own vision to be 100% sustainable and to be a steward of the environment.
Deed - Kohler's gift to the state, 1965 - There are covenants on the deed that read as follows: —To preserve the natural beauty of an unique area along the westerly shore of Lake Michigan. —To provide the people of the State of Wisconsin with an interesting and naturally beautiful recreational area. —To recognize the contributions to the conservation of Wisconsin’s natural resources made by John Michael Kohler and his family. By accepting this deed of gift the State of Wisconsin had to agree to: 1. The property shall be used for state park and public recreational purposes. 2. The property shall be know officially as JOHN MICHAEL KOHLER STATE PARK.
Trees Could Change the Climate More Than Scientists Thought
Vegetation can control weather patterns across huge distances. The destruction or expansion of forests on one continent might boost rainfall or cause a drought halfway around the world.
Opponents of Kohler golf course claim Wisconsin DNR caved to political pressure
A retired DNR employee, a specialist in wetlands who worked on the Kohler project before leaving the agency, testified that the company’s project would have the most significant negative wetland impact of any project she reviewed in 37 years at the agency... in her tenure the only other case of potential significant wetlands loss that came as close is when the department approved a permit for the $75 million Meteor Timber plant in Monroe County to process sand used by oil drillers to extract oil and natural gas. Meteor’s wetland permit attracted the attention of legislators in February and March when the Republican-controlled Assembly voted to exempt the company from needing a state permit for destroying wetlands, if certain conservation practices are followed. Environmentalists and Democrats raised objections and the Senate never took up the measure. Journal-Sentinel article, Nov 19
Gov. Walker's Eight Year War on Wisconsin's Environment
A 21-part retrospective series by James Rowen of the Political Environment.
FRBF Update, Sept. 2018
We are the only nonprofit group fighting this appalling threat to the Lake Michigan ecosystem and unprecedented land grab in court. We say this is unprecedented because Kohler does not need our state land for ingress and egress as the company has its own land. Please donate $10 to help us. Thank you!
WI Corporations Attend Global Climate Summit
Clay Nesler of Johnson Controls and Jeff Thompson, CEO of Gundersen Health System are attending. In 2008, Gundersen began to reduce its greenhouse gas emissions. “And we made money and we did it all with locally sourced energy supply that boosted the local economy.” Johnson Controls and others companies plan to dig deeper to reduce their carbon footprints through a new initiative called Science Based Targets.
Atty Gen. Grad Schimel States Wisconsin Residents Have No Interest in State Parks
"If granted, this motion to dismiss sets a precedent that should worry Wisconsin residents, regardless of how they might feel about building another luxury golf course on the shores of Lake Michigan. A legal precedent that holds that Wisconsin residents are not legally entitled even to request judicial review of a state agency’s decisions essentially means that monied interests are free to deal, literally, with public agencies for control of public assets maintained with public resources while the public is sidelined at a crucial moment." Press Release, Aug. 3, 2018
Read testimonies from the DNR Wetland hearing, 6/8/18
This summarizes everything you need to know about the wetlands issue, taking of public state park lands, the questionable land swap and more.
Wisconsin Wetlands Association: "While it is rare for us to weigh in on project-specific proposals, we do so in cases where the proposed project poses a threat to rare or exceptionally high quality wetland resources or when the decision will establish a precedent for how the state implements existing wetland protection laws."
FRBF Update, 6/8/18
Black River: One of county's most beautiful areas
Running southward from the mouth of the Black River is an extensive area of virgin timber. Large, stately pines predominate, but there are other trees, shrubs and vegetation in the area, which makes the section one that inspires the nature-lover. Sheboygan Press article, 5/21/18
Notice of Contested Case Hearing
In February, 2018, Friends of the Black River Forest submitted a Petition for a Contested Case hearing (Petition) to review the decision. On March 19 the DNR granted the request for a hearing and certified the following issues for hearing: 1 . Whether the permit satisfies the standards in Wis. Stat. 281.36; 2. Whether the Department had sufficient information to consider the standards; 3. Whether the public had sufficient information to comment on the standards; 4, Whether the mitigation required under the statute compensates for adverse impacts to wetlands.
Wetland Permit Issued to Kohler from DNR, Jan. 2018
What water, wetland protection is all about, according to the Wisconsin Supreme Court in 1960
"A little fill here and there may seem to be nothing to become excited about. But one fill, though comparatively inconsequential, may lead to another, and another, and before long a great body may be eaten away until it may no longer exist. Our navigable waters are a precious natural heritage, once gone, they disappear forever," wrote the Wisconsin Supreme Court in its 1960 opinion resolving Hixon v. PSC and buttressing The Public Trust Doctrine, Article IX of the Wisconsin State Constitution.
Bill Would Protect Wisconsin Indian Burial Mounds
The bill was prompted by another piece of legislation two years ago that would have made it easier for landowners to excavate and potentially develop Indian mounds. The original bill made tribal leaders realize that many lawmakers didn't know how sacred the mounds are.
Wisconsin citizens show up in force at hearings on legislature’s wetland bills - 12/21/17
DNR Reports “Common Themes,” No Build Alternative is only option While the DNR did not feel they had to report a list of common concerns regarding Kohler’s proposed golf course to Friends of the Black River Forest, they did report them to Kohler. In an email from the DNR to Kohler Company, the DNR reported the common themes they received from the Public at the Public Meeting in Sheboygan in August. The opposition to the Golf Course is overwhelming. See more.
DNR expert slams GOP bill he says would roll back hazardous air regulations This is a must read article about a current DNR expert who is speaking out about the health impacts from the removal of monitors. Jeff Myers, who has worked at the agency for 28 years and is an expert in air pollution toxicology, told the Assembly Committee on Federalism and Interstate Relations in Madison on Nov. 21 that he was speaking as a private citizen. “If this bill is passed, emissions of hazardous air pollutants will go up,” Myers said. “If emissions go up, exposure will increase and therefore, Wisconsin residents will be at greater risk of adverse health effects.”
Annotated Draft EIS
In an amazingly Kohler-centered Updated Draft Environmental Impact Statement, the DNR has shown it expects to approve a wetland permit application for the proposed Kohler golf course because it has been told to. There is no other explanation for the lack of scientific data. FBRF has annotated the DEIS which you can access at this link.
Army Corps of Engineers Letter
No public hearing needed for permit to discharge dredged material or fill in wetlands. 10/3/17
FRBF Letter to Army Corps of Engineers, May, 2017
Has Herbert V. Kohler, Jr. Gone too Far? thoughts from FBRF
Commentary on Stantec response to DNR's Request for missing info: If Kohler wishes to build another 'world class golf course' I am sure that they could find an already-disturbed farm of 200+ acres in Sheboygan or southern Manitowoc Counties. Although not pristine, this area still has great conservation and natural area value, recognized decades ago by all including the Kohler family. Another world-class golf course is feasible to create in many settings but creating a replacement for the features in this natural area is impossible. This cannot be a “win-win” situation as stated early in the review process; if Kohler wins, the natural area loses. ~ Dr. Quentin Carpenter, Nelson Institute for Environmental Studies, UW-Madison
Wisconsin’s public trust doctrine is part of the state constitution and it declares all navigable waters in the state open to the public, no matter what kind of private property surrounds them.
Find More Information:
ANNEXATION | DOCUMENTS | ENVIRONMENTAL CONCERNS | STATE PARK LAND GRAB | PROPERTY RIGHTS | PUBLICITY
ANNEXATION | DOCUMENTS | ENVIRONMENTAL CONCERNS | STATE PARK LAND GRAB | PROPERTY RIGHTS | PUBLICITY
