Here & Now

Schimel To Issue Formal Opinion On High Capacity Wells

ZAC SCHULTZ:

WISCONSIN’S ATTORNEY GENERAL SAYS HE WILL SET ASIDE HIS OFFICE’S CONFLICT OF INTEREST RULES IN ORDER TO ISSUE A FORMAL OPINION ON HIGH-CAPACITY WELLS. THE HEART OF THE ISSUE IS THE PERMITTING OF HIGH-CAPACITY WELLS USED BY FRACK SAND MINING OPERATIONS AND LARGE DAIRY FARMERS. IN 2011 THE WISCONSIN SUPREME COURT SAID WHILE ISSUING PERMITS THE DNR MUST FACTOR IN WHETHER THE WELLS WILL IMPACT NEARBY LAKES AND STREAMS. AT THE SAME TIME REPUBLICANS IN THE LEGISLATURE PASSED A LAW THAT RESTRICTS THE AUTHORITY OF STATE REGULATORS TO HOLD UP THE PERMITTING PROCESS. THE ATTORNEY GENERAL’S OFFICE IS CURRENTLY INVOLVED IN A LAWSUIT DEALING WITH THIS ISSUE AND THE CONFLICT OF INTEREST RULE SAYS THE ATTORNEY GENERAL SHOULD NOT ISSUE A FORMAL OPINION ON MATTERS THE DEPARTMENT OF JUSTICE IS LITIGATING IN COURT. BUT EARLIER THIS WEEK A REPUBLICAN-CONTROLLED ASSEMBLY COMMITTEE REQUESTED THE FORMAL OPINION AND ATTORNEY GENERAL BRAD SCHIMEL SAYS HE HAS TO HONOR THAT REQUEST.

BRAD SCHIMEL:

WE WILL BE DOING THAT AT THE DEPARTMENT OF JUSTICE BECAUSE WE’VE BEEN ASKED BY SOMEONE WHO HAS STATUTORY AUTHORITY TO ASK US FOR AN OPINION. WHEN THE COMMITTEE, ORGANIZATION OF EITHER BODY OF THE LEGISLATURE MAKES THAT REQUEST, I HAVE AN OBLIGATION TO PROVIDE THAT LEGAL ADVICE.

ZAC SCHULTZ:

WHAT ABOUT THE ISSUE THAT PEOPLE SAY THAT COULD CONSTITUTE A CONFLICT?

BRAD SCHIMEL:

WE WILL PROVIDE THE LEGAL ADVICE. IT’S UP TO THE LEGISLATURE TO DECIDE HOW TO MOVE FORWARD WITH THAT.