WISCONSIN (MacIver Institute) -- Summer is in full swing, but we are staying on top of things. You enjoy the lake, we'll keep an eye on Madison and make sure you know what you need to know.
Here’s this week’s MacIver Monday newsletter.
Spotlight
Another Day, Another Argument for Total Control
Richard Moore examines the Sierra Club v. DNR case now before the Wisconsin Supreme Court, which centers on whether state agencies can create binding rules through internal “guidance documents” and protocols without going through the formal rulemaking process required by law. At issue is a DNR protocol for calculating background air pollution levels that effectively sets policy with the force of law — bypassing public input, legislative oversight, and Act 21’s explicit authority requirements.
Moore warns that a ruling favoring the agency (combined with prior decisions like WMC v. DNR on PFAS) would dramatically expand the administrative state’s power to regulate through unaccountable “science-based” decrees rather than democratic processes. This case is a critical test of whether Wisconsin will rein in bureaucratic overreach or allow agencies to continue legislating from the shadows.
Deep Dive
How the Surplus Deal Would Have Revealed the Budget Crisis
Michael Lucas explains why the failed $1.8 billion Surplus Deal was not the taxpayer victory many portrayed it to be. Had it passed, the deal would have largely wiped out the state’s remaining surplus, baked in hundreds of millions in new ongoing spending commitments, and accelerated Wisconsin’s underlying structural deficit—leaving the next legislature with far fewer tools to manage the inevitable budget crunch.
The current biennium began with a $4.6 billion surplus that is already projected to shrink by over $2.2 billion due to spending outpacing revenue. The deal would have pushed the state into deeply negative territory in the next biennium, with Legislative Fiscal Bureau estimates showing a potential -$2.95 billion general fund balance if spending trends continue. Lucas warns that relying on optimistic revenue growth while assuming spending restraint ignores Wisconsin’s history of consistent spending increases and volatile projections.
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Coming Soon
Lawmakers Furious After Latest UW Tuition Increase
Benjamin Yount reports that the University of Wisconsin is moving forward with another 2% tuition hike for the 2026–27 academic year — the fourth straight year of increases — pushing costs at UW-Madison above $12,000 annually. Republican lawmakers slammed the move, noting UW’s receipt of significant state funding alongside growing administrative bloat (2,400 more non-faculty staff despite 16,000 fewer students).
Sen. Eric Wimberger and Sen. Patrick Testin highlighted broken promises from UW regents and questioned the priorities of an institution that continues to burden families and taxpayers while resisting meaningful reforms and accountability.
You Should Know
Wisconsin Settles PFAS Case For $10 Million
Benjamin Yount covers the state’s $10 million settlement with Tyco Fire Products for PFAS contamination in the Marinette area. The funds will support cleanup efforts already underway, but MacIver will monitor to ensure dollars are spent effectively without creating new layers of regulation.
Quick Click
Bangstad: “Not Dead Yet” Despite Ballot Signature Problems
Democratic gubernatorial candidate Kirk Bangstad claims he submitted enough signatures to stay in the race despite initial concerns from the Wisconsin Elections Commission.
For Your Commute
While some people in the legislature continue to push to pass the compromise legislation between Gov. Evers, Speaker Vos, and Leader LeMahieu, MacIver CEO Annette Olson is here to remind everyone: it's a bad deal! Hear why below.
Last Update: Jun 08, 2026 4:21 pm CDT
