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JUDGE REVERSES KOHLER WETLAND PERMIT - March 18, 2019
An administrative law judge on Friday reversed a permit granted by the Wisconsin Department of Natural Resources (DNR) to Kohler Co. last year. The permit would have allowed the company to fill nearly four acres of high-quality wetland for a new golf course development 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
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 may appeal 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.
An administrative law judge on Friday reversed a permit granted by the Wisconsin Department of Natural Resources (DNR) to Kohler Co. last year. The permit would have allowed the company to fill nearly four acres of high-quality wetland for a new golf course development 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
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 may appeal 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
