MADISON, WI (WSAU) — A judge has signaled that there will be a decision coming soon in a lawsuit filed by Midwest Environmental Advocates against Fred Prehn, a member of the Natural Resources Board.
MEA said in the lawsuit that Prehn did not turn over text messages and other communications as part of an opens records request last year when he was Chairman of the NRB.
Although his term expired in May of 2021, Prehn refused to step down saying that he did not have to until the state legislature held hearings on his replacement which the Republican controlled Assembly and Senate refuse to do.
The MEA says the continued presence of Prehn on the NRB has an ongoing impact with key decisions coming down in which he could be the deciding vote.
Rob Lee, an attorney representing the MEA, said “Fred Prehn may be the deciding vote on critical public health standards (regarding the vote on PFAS limits in water). Yet, he started this week by attempting to delay public transparency and accountability. It’s past time for Prehn to turn over all records about his plan to continue exerting a controlling influence over environmental and public health policy in our state.” Lee also said there are concerns that the records could be in danger of being deleted or not preserved by Prehn.
Prehn wants the lawsuit dismissed. His attorney, Mark Phillip Maciolek, said ” I don’t think that there is any law currently that tells how the court is to determine whether any particular entity, individual, or part of government is an authority over those communications”.
The judge in the case, Everett Mitchell, said a decision could come this week.
