Суд заблокировал использование средств экологического фонда Небраски из-за иска бывших чиновников

On May 21, two former state officials sued Gov. Jim Pillen’s administration and the state treasurer, alleging they unlawfully used Nebraska Lottery proceeds intended for environmental purposes to resolve a state budget shortfall. Jon Oberg, a former director of the Nebraska Department of Administrative Services, filed the lawsuit along with W. Don Nelson, a former chief of staff under then-Gov. Bob Kerrey. Then on June 29, Lancaster County District Judge Susan Strong granted a temporary injunction blocking the transfer or spending of funds diverted from the Nebraska Environmental Trust in the past two legislative sessions while a lawsuit challenging the transfers played out. Oberg and Nelson sought to declare unconstitutional $28.52 million in legislatively authorized transfers in lottery proceeds that were directed to the Nebraska Environmental Trust but later legislatively diverted to other funds. During Thursday evening’s Lower Elkhorn Natural Resources District committee of the whole meeting in Norfolk, staff members informed directors the impact Strong’s decision is having on the district. Funds from the Nebraska Soil and Water Conservation Program (NSWCP) are on hold. NSWCP funds are allocated to NRDs across the state but are administered through the Nebraska Department of Water, Energy and Environment (DWEE). In recent years, DWEE has allocated around $170,000 annually to the LENRD. The LENRD received notice in July that all fiscal year 2027 funds are on hold. A hearing for the original lawsuit filed on May 21 won’t be heard until February 2027. HOW THE TEMPORARY INJUNCTION AFFECTS THE LENRD — An overwhelming majority of the LENRD’s tree planting projects were submitted to the DWEE for NSWCP fund payment. — A small number of other structural conservation practices were submitted to the DWEE for NSWCP fund payment. — In June 2024, the LENRD approved drip irrigation as a cost shareable practice when utilizing NWSCP funds. LENRD assistant general manager Curt Becker outlined current obligated NSWCP funds to the board. — Four applications for tree planting projects that were completed this spring and submitted to DWEE for a total of $18,909.53. That includes $7,3354.64 of drip irrigation payments. — Three applications for tree planting projects that were completed this spring but have not yet been submitted to the DWEE for a total of $25,055.60. That includes $3,291.60 for drip irrigation payments. — Eight applications for tree planting projects that have been approved but not yet completed for $64,161.33. That includes $12,648.48 for drip irrigation. — There are 29 applications for tree planting projects and several other projects in the works for this fiscal year 2027. In 2026, the NWSCP expenditures for the LENRD were $207,143.80, up from $174,989.94 in fiscal year 2025. How to reimburse for the seven tree planting projects that were completed was discussed by the board. If the LENRD pays for these projects, the district will not get reimbursed from the NSWCP in the future because of contractual obligations between the landowner and the state. Becker asked the board to consider the following: — Pay the applications already sent to the DWEE, including drip irrigation practice. — Pay the applications that have been completed but not yet sent to the DWEE, including drip irrigation. — Allow drip irrigation practice with either NSWCP funds or LENRD funds moving forward. — Apply for grant funds to fill some of the gap. — Budget additional funds for agroforestry (tree planting projects) for fiscal year 2027. “Traditionally, NSWCP is funded by general tax dollars,” LENRD general manager Brian Bruckner said. “This year given the budget crunch, it was typically environmental trust money that went over to fund NSWCP and WSF (water sustainability funds).” Bruckner said LENRD is throwing ideas out to keep the program viable and not limit participation in these conservation programs. “We’re going to have to assume this budget crunch is going to continue into the future,” Bruckner said. LENRD board president Matt Steffen offered a suggestion of moving money from sinking funds. “In my opinion, the tree planting is big part of what we do,” he said. “I would fund it until we get the money back. If nothing else, we have $200,000 in the sinking fund for Battle Creek. We should use it here.” Bruckner and Becker said in the budget that was proposed in a workshop earlier in the evening, no additional dollars need to be added to accomplish these things. A decision to use local dollars to reimburse applicants of the projects could be made at the Thursday, Aug. 27, board meeting. * * * Editor’s note: Information from stories written by Paul Hammel and Zach Wendling of the Nebraska Examiner was used in this story.