Wisconsin investigation raises national questions over outside-funded lawyers working on climate and environmental matters.
As climate and environmental policies increasingly intersect with dairy farm regulations — from water quality and manure management to air emissions and greenhouse gases — the American Dairy Coalition is calling on state legislatures to examine the use of privately funded attorneys exercising government authority on those issues.
The call follows a Wisconsin legislative investigation into privately funded Special Assistant Attorneys General (SAAGs) working on climate, clean energy and environmental matters — attorneys with the power to participate in investigations, litigation, settlements and environmental enforcement that can affect regulated industries, including agriculture.
At issue is a fellowship program operated by the State Energy & Environmental Impact Center at New York University School of Law, through which attorneys have been placed in state attorneys general offices to work as SAAGs on climate, clean energy and environmental matters. The attorneys work under the direction of participating attorneys general, while their salaries and benefits are paid by NYU.
A Wisconsin legislative committee investigated Attorney General Josh Kaul’s use of the arrangement and concluded that privately funded attorneys performing the functions of state lawyers circumvented Wisconsin’s statutory hiring, appropriations and oversight requirements.
Kaul has disputed the committee’s conclusions and maintains the appointments were lawful.
The committee also raised concerns about the powers exercised by privately funded attorneys, including developing litigation strategy, participating in investigations, negotiating settlements and influencing enforcement priorities.
“Dairy farmers are already navigating environmental regulations involving water quality, manure and nutrient management, air emissions and a growing focus on methane and other greenhouse gases,” said Laurie Fischer, CEO of American Dairy Coalition. “When attorneys have the power of the state to influence environmental enforcement and litigation that can affect farms, farmers deserve to know those positions were authorized through a transparent public process — not privately funded outside of it.”
The Wisconsin investigation followed a lawsuit filed by Wisconsin Dairy Alliance and Venture Dairy Cooperative challenging the legality of the privately funded Special Assistant Attorney General arrangement. The dairy groups allege that the attorneys exercised the same authority as Wisconsin Assistant Attorneys General, including prosecuting environmental enforcement actions, representing state agencies in court, negotiating settlements, and making litigation recommendations, despite having their salaries and benefits paid by the outside organization.
A Wisconsin circuit court previously allowed the dairy groups’ challenge to proceed.
The issue extends beyond Wisconsin. NYU’s State Energy & Environmental Impact Center reports that fellows have served in attorney general offices in Connecticut, Delaware, Illinois, Maryland, Massachusetts, Minnesota, New Mexico, New York, Oregon, Washington, Wisconsin, and the District of Columbia.
ADC believes lawmakers in states that have participated in privately funded attorney programs should determine whether those arrangements comply with their own state laws governing public employment, appropriations, conflicts of interest, government authority, and legislative oversight — and examine what role those attorneys have played in environmental and climate matters affecting agriculture.
The Wisconsin legislative committee recommended reforms that include prohibiting privately funded attorneys from exercising state legal authority, requiring legislative approval before agencies accept outside-funded personnel, and increasing disclosure of funding sources, fellowship agreements, duties, and communications associated with externally supported positions.
“This should not be a partisan issue,” Fischer said. “Whether the outside organization represents environmental interests or any other cause, private money should not quietly expand the enforcement capacity of government without clear legal authority and public accountability.”
ADC is urging agricultural organizations and lawmakers in affected states to ask several basic questions: Who pays attorneys exercising state authority? Who authorized the positions? What powers do those attorneys exercise? What climate and environmental matters have they worked on? What state laws govern acceptance of privately funded personnel? And what disclosure and legislative oversight are required?
“Wisconsin has given other states a roadmap,” Fischer added. “State lawmakers should examine these arrangements now rather than wait until farmers or other citizens facing government enforcement are forced to raise the question themselves.”
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