The Missouri Supreme Court heard arguments this week in a case that will determine whether the Conservation Commission will remain independent or be dominated by the General Assembly.
The appeal from the circuit court of Cole County is asking the state’s high court to protect the Conservation Commission from the legislature’s attempt to control how the Missouri Department of Conservation spends its funds.
“I'm glad the Supreme Court has taken this case,” said former Gov. Jay Nixon. “It was won at the trial court level. This natural rub between the legislative branch and other executive agencies occurs all the time but this case is unique because the public set up the independent financing method. It's just another skirmish in the long battle to make sure we protect and conserve our state.”
Nixon, a Democrat, served as the 55th Governor of Missouri from 2009 to 2017.
The case involves an appropriation proposal that omitted funds for the purchase of 510 acres of prairie habitat and 2020 payments in lieu of taxes (PILT).
“The long-term view when it comes to issues of our planet and our habitat is much more likely to lead to a good ending than trying to micromanage our conservation resources one year at a time or one legislative session at a time,” Nixon told the St. Louis Record. “I think the long-term view is especially important when it comes to conservation.”
In his brief, on behalf of the Conservation Federation of Missouri, Nixon accused the General Assembly of orchestrating a power grab.
“The legislature has failed to obey the Constitution, has failed to follow the clear will of the people, and has apparently forgotten to serve the people by attempting to usurp the Commission’s authority over the Fund,” wrote Nixon in the Sept. 2 ‘friend of the court’ pleading.
The Missouri Constitution states that the Conservation Fund “shall be expended and used by the Conservation Commission Department of Conservation for the control, management, restoration, conservation and regulation of the bird, fish, game, forestry and wildlife resources of the state, including the purchase or other acquisition of property for said purposes.”
Instead of passing a law to gain authority over the commission, Nixon asserts that a ballot initiative should be presented to voters.
“They should do what the citizens have done repeatedly to establish the current system: Create language, collect the required signatures, and put the proposed change before the voters through the initiative petition process,” Nixon further stated in his brief.
Oral arguments were heard Wednesday.
“The people are the ones who can change the Missouri Constitution,” Nixon added. “The legislature can’t. You got to go to the public for a vote to change the constitution and the people have spoken on this multiple times in 1936, 1976, 1978, and most recently in 2016. In Missouri, conservation is a value, not a political position.”