Tag Archives: mining

Assembly Mining Committee set to Meet on Wednesday

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The Penokee Hills, Image: Mario Quintana

The Penokee Hills, Image: Mario Quintana

On Wednesday, the Assembly Mining Committee is meeting to discuss the mining bill. While they say they’ll consider changes to the environmentally devastating mining bill, we know that the only way to “fix” this mining bill is to start from scratch.

As written, AB 1/SB 1 (the mining bill) cuts the public out of the process and ties the hands of the DNR in protecting our air and water. It grossly rolls back current protections for wetlands, groundwater and lakes, rivers and streams. In short, it swings the door wide open for environmentally destructive mining in our Northwoods and beyond.

Tell your legislator today: Don’t roll back environmental protections for mining.

We know that just one legislator’s vote can make the difference on this devastating legislation and over the next month or so, we need you to continually remind your legislators of what’s at stake to make the difference on this issue. They need to hear from people like me and you, people who don’t want our Northwoods sold to the highest bidder or our pristine waters turned to a toxic stew. From here on out, every voice, every contact matters.

Tell your legislators we don’t want to sacrifice our health, air, water and special places for mining companies – keep mining legislation strong and protective!

Post contributed by Sam Weis, communications director.

Oppose the Mining Bill: Email These Legislators Now!

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MineGraphic_OpposeSignToday, state legislators are holding the one and only public hearing on the iron mining bill.

We understand how difficult it is to take time off to attend a hearing in Madison, but we need as many people as possible to register their opposition to this disastrous bill. Luckily, you can do it from home.

In addition to contacting your state legislators directly (find yours here), you can email the Committee Chairs your personal testimony. To be entered into the official record, submit testimony via email prior to the end of today’s public hearing (9 p.m.) Your submittal should include a request that the testimony be considered part of the record. You are encouraged to request a confirmation.

In writing your testimony, speak about why this issue is important to you. Stories from people like you are far more important than spending all your time on talking points. However, if you do need supporting facts on the more egregious parts of this bill, please see our fact sheet.

Emails for the Committee Chairs are:
Representative Mary Williams: Rep.WilliamsM@legis.wisconsin.gov
Senator Tom Tiffany at Sen.Tiffany@legis.wi.gov

(Yes, one is “wi” and one is “wisconsin.”)

By submitting testimony, you are helping to demonstrate what we already know: The majority of Wisconsinites support environmental protections over lax mining laws!

Hearing Scheduled for the Mining Bill

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The Penokee Hills, Image: Mario Quintana

The Penokee Hills, Image: Mario Quintana

We’ve just learned that legislators will hold a hearing on the Open Pit
Mining Bill at the State Capitol on Wednesday, January 23, from 9am to 9pm.

If passed, the Open Pit Mining Bill would let mining companies fill our lake beds, contaminate our drinking water, and dump toxic mine waste in wetlands
and flood plains. Filling hearing rooms with people like you helped defeat
the mining bill last session, and it can happen again.

Please help protect Wisconsin’s waters and the health of our families by attending
the hearing on Wednesday, January 23, and telling legislators NO to the Open
Pit Mining Bill.

Coming to a hearing on a controversial issue like this is not easy and is
time consuming. However, it is the best hope we have of turning legislators
against this bill.

This could be your only chance to have your voice heard on the record in the
fight against the Open-Pit Mining Bill! Join us in room 411 S. at the State
Capitol this Wednesday!

For more information about the hearing, click here.

Planning on attending? Email jlynes@cleanwisconsin.org, so we can keep track of who will be there!

Post contributed by Sam Weis, Communications Director.

Michigan Mining Mishaps: A warning to Wisconsin

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Stream contaminated by acid mine drainage

By Laura Green, Clean Wisconsin volunteer

The prospect of proposed changes to Wisconsin’s mining legislation has recreationalists, environmentalists, and people in mining communities worried, to say the least. Despite mining industry claims that any mining operation would have minimal impact on the land, those in favor of maintaining current Wisconsin mining regulations have reason to worry.

One doesn’t have to look far to see why. Our neighbor Michigan has a long history of mining, leading up to plenty of environmental damage that Wisconsin should pay attention to. A potential danger of mining is acid mine drainage, where sulfides in mining waste rock mix with water and air to create sulfuric acid. Acid mine drainage caused problems at the Dober mine, an iron ore mine in the Marquette mountain range in the U.P. Drainage from the mine killed aquatic life in the Iron River as far as seven miles downstream from the mining operation in 1973. Pollution from Upper Peninsula mines has even affected Wisconsin. A 1980 Wisconsin State Journal article reported that Wisconsin sued Michigan after water flowing from Michigan rivers carried pollution 25 miles from abandoned mines, across state lines.

Selenium from two other U.P. iron mines, the Empire and the Tilden, leached into nearby waters. In 2009, the Michigan DNR found elevated levels of selenium in Goose Lake. According to an expert at the Michigan Department of Environmental Quality, selenium found near mining waste rock was thought to be the culprit of the contamination. Evidence of contamination was found in six area lakes and streams in addition to Goose Lake. selenium can damage fish populations and, if levels are high enough, harm humans who eat fish from contaminated lakes. Runoff from the mines led to fish advisories at Goose Lake.

Environmental damage from mining has significant economic consequences too. In the late 1990s, Michigan sued the Dober mine for polluting the Iron River. The state had to install a water treatment system to deal with acid draining into Iron River, for a total cost of $360,000. The government reports spending over $66,000 in 2009 to clean up contamination in the Iron River caused by the Dober mine. In 2010, the state reached a settlement with the Empire and Tilden mines for permit violations after the two mines discharged waste rock in unauthorized areas. The companies running these mines paid a $51,000 fine and also had to cover the cost of the government investigation (more than $4,000).

At the time of the settlement, the Empire and Tilden mining companies had spent $8.4 million on clean up and fixing pipelines to prevent toxic discharges from continuing to happen. Starting in December 2011, the Empire mine was also required to clean up the selenium contamination that polluted Goose Lake.

Then there is the Buck mine, an iron ore mine that opened in 1922. As of 2009, the government listed cumulative spending on the Buck mine at an impressive $3,662,090.

Wisconsin currently has strong mining legislation when it comes to environmental protection. Michigan has mining legislation too, though it is under this legislation that the environmental problems occurred with the Dober, Empire and Tilden mines. Michigan mining regulations require all companies to have a permit and submit an environmental impact statement. Before obtaining a permit, a mining company must submit a reclamation plan. The reclamation plan must include “Provisions for grading, revegetation, and stabilization that will minimize soil erosion, sedimentation, and public safety concerns.” Once a complete permit application is submitted, the government then has a mere 60 days to approve or deny the permit.

While a mining operation must submit a reclamation plan, the legislation only requires an environmental plan for the operation of the mine “upon request of the supervisor.” This plan would include a description of the mining area and any measures taken to prevent pollution and erosion. Interestingly, this piece of the legislation states that if the plan is based on “unknown factors,” the plan can be revised and re-submitted.

Michigan’s legislation does little to make the “unknown” known. For example, one expert in Michigan was concerned that a study of the groundwater in the area was not required before the start-up of a mining operation. Without being required to first study the area, a mining operation might not know they are dealing with sulfide-containing rock until they start extraction. By then, it would be too late to prevent problems like acid mine drainage. However, current Wisconsin regulations protect against this danger.

During the debate over mining legislation, many argued that we need to make our mining laws more in tune with our neighbors in Michigan and Minnesota; the high number of environmental problems stemming from Michigan mines cautions against this. Maintaining strong mining legislation in Wisconsin means protecting our land and water from the potentially disastrous effects of mining done wrong.

Digging Up Dirt: Acid Mine Drainage 101

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-Kenyon College’s Microbe Wiki, Acid Mine Drainage

See this? It’s not lava, or blood. Water laden with metal particles turns a bright, rusty color — not unlike an old faucet. It kills living organisms that live in streams, and endangers the drinking water of nearby residents. This phenomenon is happening all over the world, and it’s called acid mine drainage.

With current mining practices, where there is a mine that disrupts sulfide materials, there is also a high potential for Acid Mine Drainage. Acid Mine Drainage is one consequence of mining that has become a major concern for Wisconsin residents during recent debates over mining legislation.

But how does it happen; how does a clear Northwoods stream become a Day-Glo nightmare?

The mining process begins when large amounts of waste rock are removed from above iron ore deposits, then dumped into a nearby basin. Once iron ore is removed, it is mixed with huge volumes of water and separated by magnets. The slushy mixture of water and waste rock (known as tailings) is then also dumped into basins near the mine site.

Unfortunately, this isn’t the end of it. Often, waste rock and tailings contain sulfides disturbed during mining that react with oxygen and water — creating acid. That orange ooze blocks sunlight like a thick, wool blanket, and anything in the ecosystem that can’t handle the higher acidity levels will die. We’re talking plants, fish and other animals — plus acid isn’t the best for humans, either, as you might imagine.

When it comes to sulfides draining into water, here’s the rundown according to the EPA. Cadmium can cause damage to kidneys, which we rely on to filter our blood. Long-term exposure to copper can lead to liver and kidney damage, and upset stomachs with short-term exposure. Lead causes developmental disabilities. Iron in water does not directly cause health problems, the Wisconsin DNR says, but can cause discoloration in drinking water.

Any of these sulfides could turn up in a mine. And whether the acid forms right away or years later, things don’t look good for the environment. This uncertainty of the timeframe is exactly why water quality of the surrounding area must be monitored and treated for decades after a mine has closed.

Wren Falls on the Tyler Forks, Sam Weis

The high risk of acid mine drainage at open-pit mine sites is one of many important reasons Clean Wisconsin fights hard to make sure Wisconsin’s mining laws remain strong and continue to protect our environment and the health of our families. Especially when you consider the beauty of the area just below the proposed mine site.

 

-Digging Up Dirt is a series of blog posts that highlight the environmental dangers of mining. This post was contributed by Sarah Witman and includes research by Laura Green.

 

End of Session Wrap-Up: The Good, the Bad and the Ugly

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When this Legislature began in January of 2011, we knew we had a challenge in front of us.  The session started out with attacks on our natural resources, which continued into the spring 2011 budget process, and lasted until the official end of the legislative session on March 16, 2012.

Throughout this session, we had faith that bipartisanship and the Wisconsin way of doing business would prevail.  While there were a few important instances of great bipartisanship, the session was mostly marked by a lack of compromise and an attempt to derail our natural resources in the name of economic development. At Clean Wisconsin, we know that a healthy environmental creates jobs.  Throughout this two-year session we have worked tirelessly to bring that perspective to the table.

Because of this approach, and through the hard work of many committed advocates, citizens and legislators, we were able to stop some of the most devastating environmental rollbacks from becoming reality. While there were other bills to impact our natural resources during this two year session, Clean Wisconsin focused the attention of our government relations, science, legal, communications, and energy teams as well as the attention of members like you to focus on the following issues

The Good

Maintaining Protective Mining Laws (Spring 2012) – It took a herculean effort to stop the Assembly open pit mine bill, but in the end we were successful! The bill rolled back environmental protections and cut the public out of the mining process.  While Clean Wisconsin is not against mining, we are against changing our laws for the profits of any company, especially an out-of-state company that clearly had no intention of mining responsibly.

Photo Credit: Mario Quintana

Keeping Phosphorus Out of Our Waters (Spring 2011) – We were able to quickly beat back the Governor’s attempt to delay implementation of Wisconsin’s phosphorus rule in his budget bill. Cooler heads prevailed and  key legislators realized that Wisconsin’s phosphorus rules are an innovative and cost-effective way to improve our water quality and prevent rivers, lakes and streams from being choked by algae largely caused by phosphorus discharges.

Recycling Program Saved (Spring 2011) – One of the more surprising attacks this session was on the popular recycling program.  Governor Walker’s budget last year originally proposed cutting all funding for local recycling programs.  The Legislature ultimately restored 60% of the funding, which will still result in cuts, but keeps Wisconsin’s recycling tradition alive.

Statewide Wind Siting Rules (Spring 2011 & 2012) – A year ago, a legislative committee voted to suspend Wisconsin’s uniform, statewide standards for siting wind energy systems, driving several wind companies out of Wisconsin.  Through a major effort by Clean Wisconsin, other advocates, and businesses to educate legislators, that rule was re-instated.  The rule will help lead our state to more development of clean and renewable wind energy rather than continuing to rely on dirty, out-of-state fossil fuels.

Energy efficiency for State Buildings (Spring 2011) – The budget included $100 million for energy efficiency upgrades at state buildings, including the University system.

Property-Assessed Clean Energy (PACE) (Winter 2012) – This bill will enhance opportunities for homeowners and businesses to borrow money to pay for energy improvements, and repay it via a special property assessment. PACE helps property owners get the upfront money to make energy efficient investments.

The Bad

credit: Wonder_al via Flickr creative commons

Fewer Wetlands = More Flooding (Winter 2012) – Two bills took aim at Wisconsin wetland laws this session and were signed into law.  One of the bills provided a special exemption from wetland protections for a parcel of land in Brown County to attract a Bass Pro Shop.  The Legislature then went on to draft another bill that overhauled Wisconsin’s carefully crafted wetland development laws.  By allowing developers to use mitigation as an option of first resort, rather than trying to avoid destroying the wetland, we will undoubtedly see a loss of high quality wetlands that protect our homes from flooding and provide valuable wildlife habitat.

Waterway Permitting (Winter 2012) -While greatly improved from the original bill which made drastic changes to waterway permitting, the final bill stills contains presumptive approval for waterway permits.  Presumptive approval means that if the timeline runs out on the DNR’s permit review, the permit is automatically approved.  It is a bad idea for natural resources protection.

Water Disinfection (Spring 2011) – This law ends the requirement for disinfection of municipal water supplies for virus protection. Without disinfection viruses can linger in public drinking water supplies undetected.

Allowing Canadian Hydroelectricity (Summer 2011) – This law allows Canadian hydroelectricity to qualify for our Renewable Portfolio Standard, likely reducing the amount of renewable energy produced in Wisconsin.

Cuts to Stewardship Program (Spring 2011)– The Stewardship program protects precious lands and open spaces for future generations, and was cut by $26 million in the budget last year.

Purchase of Agricultural Conservation Easements (PACE) (Spring 2011) – The budget eliminated the PACE program, which keeps farmland in production and away from development pressure.

The Ugly

Cuts to Focus on Energy (Spring 2011) – The budget cut $320 million from the statewide energy efficiency program that helps residents and businesses lower energy bills. Despite evidence of the program’s success, including a recent audit showing a $2.30 return on each dollar invested, and a push by clean energy businesses, the funding was not restored.

Denying High Speed Rail for Wisconsin (Winter 2011) – Governor Walker turned back $810 million in federal funding to build a high speed rail line between Madison and Milwaukee. This rail line would have helped reduce our dependence on foreign oil, and promote clean transportation options.

Concentrating Rule-Making Power (Winter 2011) – A new law will give the Governor broad authority over agency rule-making, including the ability to stop a rule from moving forward.  Rules provide the detailed regulations and standards for most environmental laws, and the increased gubernatorial power could lead to more political and partisan decisions on these important environmental standards.

Contributed by Amber Meyer Smith, government relations director

Filling in the Details: Mining Series

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By Sarah Witman, Communications Intern

With a vote expected on the mining bill next week, we want to fill in some of the more intricate details of the issues at hand. Clean Wisconsin is working to get Wisconsin voices heard in this fight to protect the state’s natural resources and beauty, instead of rolling back laws that protect it.

Photo copyright Pete Rasmussen

Our first post will tackle acid mine drainage, a primary concern for those who live near the proposed mine site. Acid mine drainage is water polluted by contact with mining activity, and it continues to take place long after the iron is gone and the mines have been abandoned. In short, it endangers the water we drink.

Another concern is the dangers of mercury to human health. Together we will trace the journey this toxin takes from the mining process into our waters, and into our bodies. This is of special concern to Wisconsin families as mercury can cause cognitive problems in infants and children and neurological problems in adults. Additionally, we know from the Great Lakes Indian Fish and Wildlife Commission’s report last year that “air emissions from taconite plants are the largest source of mercury in the Lake Superior basin,” so this post will also take a look at poor air quality as a result of deregulated mines.

Then, we will profile existing mines as far north as Alaska to right here in Badgerland. Looking at past failures and successes is the most true-to-life way to see the impacts of mines on states’ environments, and understand the value of well-written mining legislation.

We’ll also be giving an in-depth look at the cultural, spiritual and environmental significance of the Penokee Hills — the area where an out-of-state mining company has already shown interest in setting up shop. The site is in Wisconsin’s Northwoods, home to many species of native plants and animals that could be displaced. It is also near an internationally recognized wild rice bed and wetland, and a variety of pristine lakes, rivers and streams that flow into Lake Superior.

We want Wisconsin to be on the same page as we fight dangerous changes to Wisconsin’s mining laws. While things are changing daily in our mining fight at the Capitol, the conversation here will fill in the finer details.

 

Mark your calendars! Green Bay Mining Forum Scheduled for Thursday

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Tyler Forks River located near the proposed mine. Photo Credit: Mario Quintana

This Thursday, February 23rd, residents of Northeast Wisconsin will have a great opportunity to learn more about proposed mining legislation and the impact it could have on Wisconsin’s natural resources at a public forum in Green Bay. The event is sponsored by the Brown County Conservation Alliance, the Green Bay Chapter of Trout Unlimited and the Penokee Hills Education Project. Here’s some information sent along by the organizers:

What: A public educational forum to discuss current mining law in Wisconsin and current legislation proposed in the state legislature.
Panelists will include:
George Meyer, Executive Director of the Wisconsin Wildlife Federation and past Secretary of the Wisconsin Department of Natural Resources
Mic Isham, Great Lakes Indian Fish & Wildlife Commission (GLIFWC) Board of Commissioners chairman and Lac Courte Oreilles tribal council officer
Jennifer Giegerich, Legislative Director of the League of Conservation Voters
When: Thursday, February 23rd, 6:00-9:00 pm

Where: UW Green Bay, Phoenix Room C

Notes: Each of the panelists will have 25 minutes of presentation about their expertise. The second half of the program will be dedicated to a question and answer portion led by the moderator. The audience is encouraged to ask the panelists questions about the regulations of mining and the legislation that is currently being debated in the Senate. Verbal and written questions will be accepted
-Contributed by Sam Weis, Communications Director

The Tragedy of the Commons

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The following blog post is by Elizabeth Wheeler, Clean Wisconsin’s Staff Attorney. Look for her monthly posts on legal matters.

Due process is a slippery creature. It is difficult to define precisely, because it is premised on the notion of fairness. But still, due process is a fundamental tenet of our legal system, our government and our constitution. And, it’s an incredibly important component of environmental law.

More than once during law school, my environmental law professors handed me the 1968 article from Science titled “The Tragedy of the Commons.” I have to say, I didn’t find it a particularly riveting read in school, or even now, but I always return to it when thinking about why due process is so critical to environmental law.

The tragedy of the commons is this: If each person uses our common resources independently and rationally to advance our own self-interest, our resources will be depleted at an unsustainable rate – which is, ultimately, in no one’s self-interest. This is the reason why environmental law is based on the participation of and due process for the general public. Under the National Environmental Policy Act (NEPA), we are owed a full disclosure of all the environmental impacts of a project so that we – an applicant, state regulators, the general public – can make an informed, rational decision about whether a project is in our best interest. We are afforded notice and comment periods, public hearings and a right to appeal. Why do we go to these great lengths to include the general public in every major environmental decision? Because the air and water belong to all of us.

Unfortunately, in the past week, our due process has not been respected. And the tragedy of the commons? It’s playing out right here in our own backyard.

On Tuesday, a wetlands bill that makes it easier for developers to destroy Wisconsin’s wetlands – an important part of our natural heritage – was rammed through a Senate floor vote just after midnight, without the amendments that were needed to provide a minimum protection for our wetlands.

Yesterday, the Senate Select Committee on Mining Jobs was dissolved shortly after a Senate mining bill was released. Instead, the Assembly mining bill (AB 426) – the worst piece of environmental legislation in decades – was introduced as is, without consideration for the concerns of the tribes, environmental groups, or the citizens of Northern Wisconsin who now face a serious threat to their environment. The bill is a corporate giveaway, plain and clear. It gives one company, Gogebic Taconite, the right to operate outside the law, with little public input and no due process for the public.

Due process is slippery, but we’ve got to hold on to it. Without due process, we will all fall victim to the tragedy of the commons. And the only winners will be one out-of-state mining corporation.