Polluters Over People, Still  

The Assembly is ready to finalize all three of their "Polluters Over People" bills this week: the fill-in-pesky-wetlands bill just joined the fast-tracking-of-development-projects in-lakes-and-streams bill as ready for a vote. The controversial mining bill will likely blast through next week too. The Assembly Committee on Jobs, the Economy and Small Business is scheduled to vote on the mining bill on Tuesday, January 24, and then all three will be ready for a vote of the full Assembly on Thursday the 26th.

Will the committee make changes or scrap the bill altogether after the incredible outpouring of concerns and opposition? We're not holding our breath, but that doesn't mean we should make it easy for them. After the loud outcry criticizing the committee for holding their one public hearing in Milwaukee, more than 300 miles from the proposed iron mine site (none the less, a big crowd from up north attended, and those in opposition outnumbered supporters nearly 2 to 1), they held a second in Hurley.

Even though there is general support for mining in the Hurley area, nearly 600 people attended the hearing and 60% spoke in opposition to the bill. Even more telling, many speaking in support of a mine still had deep concerns about the weakening of environmental standards, reduced opportunity for public input, and reduction in tax revenues to local communities most impacted by a mine embodied in the bill.

The public hearings are over, but you can bet the Assembly members are still counting hatchmarks - we need to keep those phone calls and emails coming in and the pressure on high. All Assembly members need to hear loud and clear, NO on AB 426.

The reasons why this bill is bad for all of Wisconsin are here (link to text, below), but all you need to do is tell them NO.   Let the members of the Committee on Jobs, the Economy and Small Business know by Tuesday, and then keep up the drum beat with the full Assembly by Thursday.

Assembly Mining Bill 426 is wrong for Wisconsin because:

The Assembly Mining Bill and the process by which it is being rammed through the legislature takes away the voice of Wisconsin citizens.

• Unlike the current mining law which was developed with a thorough, consensus-based process with mining interests and scientific experts at the table, AB 426 was written in secret with mining industry lobbyists.

• AB 426 eliminates all opportunities for citizens and experts to question or contest the information submitted by the mining company, DNR's approval of their permits, and DNR's enforcement of environmental laws.

• AB 426 curtails the ability of the communities impacted by a mine to enforce their own zoning requirements or to negotiate for conditions to protect themselves.

 The Assembly Mining Bill elevates mining above all other industries and businesses in the state, applying special rules allowing mines to bypass the environmental and public health requirements that apply to everyone else. AB 426:

• Mandates that if there is a conflict between mining law and other environmental laws, the mining law trumps environmental laws.

• Allows mine wastes to be piled next to rivers and lakes, in floodplains and areas where groundwater contamination is likely.  

• Requires DNR to allow wetlands to be filled, even the most critically important wetlands, as long as the mining company provides "mitigation" anywhere else in the state.

• Requires DNR to permit structures and fill in waterways, to allow rivers to be altered, straightened, widened and dredged as long as it won't "significantly" impair public rights, flood capacity, rights of riparian owners or water quality. "Significantly" is not defined.

• Requires DNR to allow wells or direct water withdrawals from rivers or lakes even if it will severely draw down groundwater, rivers or lakes because it is assumed that the needs of the mine are in the best interest of the public.

The Assembly Mining Bill takes science out of decision making. It:

• Allows a mining company to complete their environmental analysis in one year, even though experts indicate a realistic analysis of how water resources interact and would be impacted would take two to three years.

• Prevents DNR, citizens and outside experts from questioning the quality or accuracy of information submitted by the mining company.

• Creates unworkably short permit review timelines that prevent DNR from verifying the accuracy of the data submitted by the mining company - the information must be taken at face value, or the permit review timeline will expire and the permit automatically approved.

• Sets arbitrary permit review deadlines for all iron mines, with no consideration for the scale or complexity of a proposal.