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Weed Laws Article on Landscaping (John Marshall Law Review) Page 8 of 27 <br />members and the community at the "plantslevel" and to promote bio- diversity and <br />enviromentally sound practices 69 By 1992, the Wild Ones boasted five chapters in <br />Illinois and Wisconsin and more than 1200 members. <br />Mrs. Otto, now in her seventies, has received national awards for her environmental <br />efforts. Her naturally landscaped yard is considered one of the best gardens in <br />America. It contains 80 wildflower and grass species reflecting the diversity of a <br />native Wisconsin prairie. <br />In a poetic turn of fortune, in the village that once sent a mower to level Mrs. Otto's <br />wildflowers, there are now sold -out bus tours of a dozen naturally landscaped <br />homes including her now famous yard. <br />2. The National Wildlife Federation <br />The National Wildlife Federation (NWF), formed in 1936 by conservationists <br />concerned with the loss of fishing and game,7° is the United States' largest not -for- <br />profit conservation education organization with 5.4 million members. In 1973, in <br />connection with its efforts to teach and promote the notion of shared stewardship <br />responsibility towards water, soil, air, plants, and wildlife, the NWF developed and <br />promoted its Backyard Wildlife Habitat Program. The program educates its <br />members, supporters and the public about how to provide the basic habitat <br />requirements of wildlife - -- food, water, cover, and a place to rear young - - -as they <br />plan and plant the landscapes around their homes, schools, and places of work.1 <br />Since the program's inception, the NWF has sought to explain that a great variety of <br />plants, not just the limited selection of trees, shrubs, flowers and turf grasses <br />traditionally used in planting yards, provide superior habitat for wildlife. The NWF <br />enthusiastically promotes alternatives to the turf grasses. Those alternatives include <br />small woodlots and wetlands as well as meadows and prairies and other traditional <br />alternatives such as vegetable gardens, shrub masses and flower beds. <br />The NWF has joined the natural landscape movement by encouraging cities to <br />change their weed laws and by joining in litigation with both legal and technical <br />support. More recently, the NWF brought the message to schools teaching students <br />the Land Ethic by creating natural habitats on school property.72 <br />3. City of New Berlin v. Hagar73 <br />The Hagar decision marks a significant watershed in the natural landscaping <br />movement. It is the first, and best, judicial recognition of the practice and the <br />irrational assumptions that underly the use of weed laws to prosecute natural <br />landscapers. The City of New Berlin, Wisconsin elected not to appeal Judge <br />Gramling's decision and, as a result, the opinion is unpublished. Because this <br />opinion is so significant it appears in its entirety in Appendix D. <br />In April 1976, New Berlin sued Donald Hagar for violating its weed law by <br />practicing natural landscaping and cultivating a several -acre meadow.74 Hager, a <br />http: / /www.epa.gov /glnpo /greenacres /weedlaws /JMLR.html <br />2/22/01 <br />