Argus Leader, Sioux Falls, April 27
Supreme Court case highlights fight for transparency
Some things are worth fighting for. For a newspaper with a watchdog mentality baked into its DNA, government transparency is at the top of that list.
Part of the Argus Leader’s mission is to fight for public accountability - a role we take seriously. We have fought and won legal battles at local, state and national levels, including a win at the South Dakota Supreme Court against the city of Sioux Falls over confidential settlements with private contractors. That case helped spark legislation that changed state law toward more openness in government dealings.
Our journalists’ stubborn refusal to stand down when the public’s right to know is compromised was highlighted this week in the chambers of the highest court in the land.
At issue in the Argus Leader case heard at the U.S. Supreme Court: public access to store-level data of participation in the federal Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps.
We’ve fought for eight years to uncover those figures. But why does it matter? Why did we seek this information in the first place?
In 2011, Argus Leader reporters were probing issues of potential food stamp fraud while also examining rural communities’ access to affordable and nutritious food. Under the Freedom of Information Act, we requested the annual amounts the federal government paid to retailers that participate in SNAP from the U.S. Department of Agriculture, which administers the program.
The USDA told us no.
The department claimed that the data we asked for was not public due to exemptions in the law for trade secrets and confidentiality. Because government payments to businesses are typically public record, and because the SNAP program is the United States’ largest food safety net program - exceeding $70 billion a year at its peak - we sued the federal government to get what we believe to be public information.
The case stretched on over years of back-and-forth litigation. When we won at the U.S. District Court level in 2016, the USDA decided not to appeal. The release of the SNAP information was imminent.
Then a private trade group for retailers, Food and Marketing Institute, picked up the case. FMI appealed to the Eighth Circuit Court. The Argus Leader’s argument won the day in a unanimous vote.
Again, the release of the data seemed sure. Even when FMI filed their appeal to the Supreme Court, it seemed unlikely our case would be chosen as one of the only 80 or so they select from a list of nearly 8,000 each year.
And yet, they did choose our case. Eight years and two months after the Argus Leader’s original FOIA request, our argument on behalf of the public’s right to know how its government spends their money reached the pinnacle of the United States judicial system.
This time, we had backup in the form of support briefs from business interests as well as other advocacy and media organizations. Support came from across the entire political spectrum, from the American Civil Liberties Union to New Hampshire Right to Life.
That’s because a ruling for FMI would mean a drastic narrowing of information that is currently available to the public. While the actual arguments got blurred with debate on what constitutes “confidentiality,” what we see in this case is clear as day.
Nearly $70 billion of our tax money goes to fund the SNAP program each year. Our government uses that money to reimburse businesses and corporations that participate in that program. Rare glimpses other watchdog organizations have gotten into the SNAP program have revealed multiple cases of fraud.
We see this publicly funded process as clearly in need of sunlight. We’re hopeful that the nation’s top justices see it the same way.
Regardless of the outcome, though, it was worth the fight. While this was certainly our most high-profile battle in the pursuit of government accountability, it wasn’t the first.
Nor will it be the last.
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Aberdeen American News, April 27
City wise to stay ahead of emerald ash borer infestation
Aberdeen is preparing for an attack.
The soldier? The tiny emerald ash borer beetle. The battlefield? The city’s ash trees.
In March, City Forester Aaron Kiesz said the bug is “the most destructive forest insect to ever invade America.”
And while the Asian beetle hasn’t been spotted within city limits yet, it has been found in Sioux Falls. That means it’s only a matter of time until we see it in the Hub City.
Once that happens, Kiesz believes the city is likely to be totally infested within two to three years. Then, he said, ash trees will be falling at an almost constant rate.
And that’s a lot of trees: 4,800 boulevard trees, 15,000 private residence trees and 750 park trees. That’s a staggering 40 percent of the city’s trees.
Before that starts, Kiesz and his team have a plan. And we think that plan is a good one, even though it’s unfortunate it has to be implemented.
Essentially, they plan to take out 5 percent of the city’s ash trees every year. That’s about 280 trees a year. And when the beetle shows up, that number will be increased to 10 percent annually.
Then, the forestry division will look at replacing the ash trees with a different species.
In fact, the planting of additional trees has already begun.
True to its name - or perhaps because of it - the emerald ash borer only affects ash trees. Kiesz said the insect will lay its eggs in the tree’s bark. Once the eggs hatch, the larvae bore into the tree, disrupting the flow of water and nutrients. Basically, it starves the tree to death. And once the beetle infects the tree, there’s no known treatment.
When the emerald ash borer arrives, those trees will have to come down. No questions asked.
There isn’t any way the city can leave infected trees standing - dead trees are a risk to people and property since they’re more inclined to fall over or drop large branches.
If many trees are affected at once, it’s hard to even imagine the cost of taking them all down at the same time.
By starting the thinning process now, the city will spread the cost of removing those trees over of several years, rather than being forced to digest the expense all at once.
And property owners won’t feel so overwhelmed by removing the affected trees, either. Imagine the backlog of calls from all around Aberdeen. We can envision the wait being excruciating.
Not only does the city’s plan ease the financial burden as much as possible, it ensures that we’ll have canopies of trees in the future, though it will take time for them to mature.
Trees are scenic, provide shade for our hammocks and houses, serve as homes to birds, help the environment and so much more. So having a plan to replace the ash trees we lose is smart on many levels.
There is already a city ordinance in place that restricts the use of wood from the ash trees. Recently, the forestry department added an amendment with the goal of slowing the spread of the emerald ash borer by limiting the wood that comes to town that might be infested.
That means that it will be unlawful to store, dispose of or transport ash wood within city limits, and the wood must be deposited at designated collection sites outside city limits. Some think the ordinance is a good idea, while others wonder if people could use the ash wood while the beetle is dormant during a “non-flight” period from Sept. 1 to May 1.
But monitoring the use of the wood could create an enforcement headache for the city. And in this instance, we think it’s smarter to be safe than sorry.
You can help by keeping an eye out for the emerald ash borer - an infestation leaves D-shaped holes in trees. Here’s hoping you don’t find them anytime soon.
In a perfect world, no trees would need to be cut down. They’re beautiful and beneficial. They spruce up yards and parks and add dimension to our flat landscape. But there’s a danger looming, and the city is wise to address it now, even if the emerald ash borer doesn’t make its way to town for another decade.
If it’s sooner than that, at least we’re doing our best to be prepared.
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Madison Daily Leader, Madison, April 29
Palisades expansion is a great project
The state of South Dakota is working toward an expansion of Palisades State Park near Garretson. A public meeting was held earlier this month, and the state Game, Fish & Parks Department is still accepting public input.
The department would like to double the 157-acre park, add 70 campsites to the existing 34 sites and build a four-mile recreation trail. The park already hosts 90,000 visitors a year.
State parks are a tremendous asset in South Dakota, and those of us in Lake County know it as well as anyone. Lake Herman State Park is one of the best parks in the whole system, and Walker’s Point Recreation Area on Lake Madison is another jewel.
Both areas have received tremendous investment by the state over the years and are beautifully maintained. On traditional camping weekends in the summer, they are filled with campers and other visitors.
South Dakota has an extraordinary number of state parks and recreation areas. A quick count on the Game, Fish & Parks website shows 63 locations with an amazing number of amenities.
Many South Dakotans take advantage of the parks, not only for camping but also for many other activities. Some parks employ naturalists who hold programs free of charge in the summer. Many others host volunteers who perform countless tasks to improve visitor experiences.
Even though the Palisades is an hour drive from Madison, we’re sure residents of our area enjoy it already, and more will do so after the expansion. We’re glad to see the project taking place, and we appreciate the GF&P’s willingness to listen to the public in its planning stages.
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