Defender
PROTECTING OUR ASSETS The shifting landscape of groundwater regulation, and what’s being done to protect our water By Elizabeth Wheeler & Amber Meyer Smith
Fall 2014
W
wejoinbelieve everyone us: deserves clean water and clean air
hen Wisconsin’s first groundwater law was passed in 2004, the authors believed that it was just the first step. But little has improved since then, and much is at stake. Our current groundwater law leaves most of our lakes, rivers, streams, springs and wetlands unprotected from the devastating impacts from over-pumping of groundwater. Yet, Wisconsin still hasn’t taken the next step to strengthen groundwater protections. In fact, decisionmakers keep trying to roll them back. The problems in Central Wisconsin are certainly the most critical, with the Little Plover River being designated as one of American Rivers’ “Most Endangered Rivers” in 2013. But did you know that Brown, Dane, St. Croix and Waukesha counties have groundwater problems? The rise of high-capacity wells associated with the water-intensive frac sand mining industry is causing additional stress on our waters. Citizens are demanding action and trying to prevent their favorite lakes, trout streams and paddling rivers from drying up. But the Legislature has refused to take action and has even recently tried rolling back some of the protection we do have for our waters. What happens when the Legislature ignores the problems or tries to make it worse? Citizens take their case to the courts, and increasingly that is where protections for our precious groundwater resources are being added.
What’s happened in the courts
Two substantial decisions from administrative courts in September represent a huge win for groundwater protections in Wisconsin. The decisions in the Richfield Dairy and New Chester Dairy cases both relate to the Department of Natural Resources’ (DNR) authority to regulate high-capacity wells. The combined effect of the two decisions is that DNR now has a broad authority to give greater scrutiny and require additional monitoring for applications for new high capacity well approvals. As a note, both dairies are owned by Milk Source Holdings, Inc., the largest dairy operator in Wisconsin. In Adams County, Richfield Dairy’s high-capacity well approval was challenged by Family Farm Defenders and the Pleasant Lake Management District, which alleged that DNR did not consider the cumulative impacts of the proposed wells. For years, groups
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Analysis: Wisconsin can meet an even stronger carbon pollution standard By Clean Wisconsin Staff
Also in this issue
“Wisconsin is well-positioned to comply with the Clean Power Plan and has the technical and economic potential to exceed its requirements.” This is the conclusion of an analysis conducted by Clean Wisconsin’s science and research team, which found that many utilities in the state are already well on their way to achieving the 18.6% reduction in total carbon pollution emissions required by the rules. The Clean Power Plan is made up of four building blocks that, taken together, will help states meet their targets, as the EPA has set these targets based on each state’s potential under the different building blocks. Clean Wisconsin took a look at the assumptions EPA made in determining its goal for Wisconsin. The following is the breakdown of how Wisconsin can fare in each category.
More Efficient Power Plants
The first building block looks at the potential to improve how efficiently existing coal plants operate to get more electricity out of each unit of coal burned. The EPA proposal estimates that, on average, each continued on page 9
Kewaunee County Petition | Epicurean Evening Photos | Rate Cases
&
News, Notes
Events
Need the perfect gift this holiday season?
Gift certificates, candles, chocolates … these common gifts are fleeting both in existence and in the memory of the recipient. However, a gift membership to Clean Wisconsin is a perfect, memorable gift for hard-to-buy-for family members and loved ones. Perfect for any conservationist, gardener, hiker, fisher, hunter, swimmer or outdoor enthusiast, a gift membership to Clean Wisconsin lasts all year and translates to real progress in preserving Wisconsin’s beautiful places to live, work and play. To purchase a gift membership, visit www.cleanwisconsin.org/ defender and complete the dedication section; mail a check to our office and be sure to mention the full name and address of the honorary gift or gift member; or contact Jake at 608-251-7020 x23 or jimmel@cleanwisconsin.org.
Clean Wisconsin protects Wisconsin’s clean water and air and advocates for clean energy by being an effective voice in the State Capitol and holding elected officals and polluters accountable. On behalf of its 10,000 members, supporters and coalition partners, Clean Wisconsin protects the special places that make Wisconsin a wonderful place to live, work and play.
STAFF Executive Director Mark Redsten Development Director Angela Cao
Share your story with Clean Wisconsin
Because we can’t protect Wisconsin’s environment without you, we want to know why you care enough to support us. Did you learn your conservation ethic from your grandparents? Do you take a daily hike through the woods near your home? Are you worried about the impacts of climate change? We want to learn about the places you love in Wisconsin, why they’re worth protecting, and why you support us. To share your story, contact Jake at 608-251-7020 x23 or jimmel@cleanwisconsin.org or submit it at www.cleanwisconsin.org/tellyourstory. Thank you again for supporting our work!
Director of Science & Research Tyson Cook Chief Financial Officer Nick Curran, CPA Communications Director David Hunt Membership & Development Coordinator Jake Immel Organizing Hub Coordinator Melissa Gavin
Thank you for taking our survey! Whether it was via email or snail mail, many of you took the time to respond to our member survey the last two months ... thank you! We appreciate your valuable feedback about Clean Wisconsin and our work.
Welcome!
Water Quality Specialist Emily Jones Staff Scientist Paul Mathewson Director, Programs & Gov’t Relations Amber Meyer Smith
Over the past few months, Clean Wisconsin has been honored to add three new wonderful members to our board of directors. We’re happy to welcome:
Water Resources Specialist Ezra Meyer
Glenn Reinl, Madison A CPA and a lifelong resident of Wisconsin, Glenn believes that the Earth provides a way for us to connect to what is really important in our lives. Following his retirement as Chief Financial Officer from Shared Medical Services, he can be found in his cabin (no water or electricity!) in the Nicolet National Forest during a very cold 10 days each winter. When not at his cabin, he lives on the east side of Madison.
General Counsel Katie Nekola
Mallory Palmer, Madison Mallory was born and raised near Lake Wisconsin. She is currently attending the La Follette School of Public Affairs at UW-Madison and will graduate in May 2015 with a master’s degree in public affairs. Outside school, Mallory spends time with her family, gardening and playing volleyball; she was an academic All-American player at Edgewood College. Arun Soni, Madison A Chicago-area native, Arun is currently finishing his MBA at UW-Madison, specializing in finance. Before coming to Wisconsin, he worked at the Wilderness Society as a lobbyist in Washington, D.C. and as a business development manager for Nova Medical Centers. Outside work and school, he is an avid athlete and outdoor enthusiast.
Stay informed on what’s happening in our state government
• Join our Action Network at cleanwisconsin.org • Like us on Facebook and follow us on Twitter • Watch legislative floor sessions, committee hearings and interviews at wisconsineye.org • Sign up to receive notifications about action on bills you care about at http://notify.legis.state.wi.us • Learn more about your legislators by entering your address or using the interactive map at http://legis.wisconsin.gov/w3asp/waml/waml.aspx
The Defender is owned and published quarterly by Clean Wisconsin, 634 W. Main St., #300, Madison, WI 53703, 608-251-7020. A one-year subscription membership is $35. Please direct correspondence to the address above. Volume 44, No. 4 Issue date: October 2014 ©2014 Clean Wisconsin. All rights reserved. ISSN # 1549-8107
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634 W. Main St., #300 • Madison WI 53703 Phone: 608-251-7020 www.cleanwisconsin.org
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Staff Attorney & Climate Resilience Project Manager Pam Ritger Senior Policy Director Keith Reopelle Grant & Foundations Manager Ella Schwierske Midwest Clean Energy Coordinator Sarah Shanahan Clean Energy Specialist Katy Walter Creative Director Amanda Wegner Staff Attorney Elizabeth Wheeler Office Manager David Vitse
BOARD Chair Margi Kindig, Madison Vice Chair Chuck McGinnis, Middleton Treasurer Gof Thomson, New Glarus Secretary Gary Goyke, Madison Belle Bergner, Milwaukee Shari Eggleson, Washburn Luke Fairborn, Whitefish Bay Elizabeth Feder, Madison Scott Froehlke, Montello Karen Knetter, Madison Mallory Palmer, Madison Glenn Reinl, Madison Carl Sinderbrand, Madison Arun Soni, Madison Bruce Wunnicke, Richland Center Board Emeritus Kate Gordon, San Francisco
Fall 2014
from the Executive Director
Robin Hood in Reverse
State utilities propose anticonservation, renewable energy rates By Katie Nekola and Matt Landi
In what appears to be a coordinated effort, three Wisconsin electric utilities have proposed radical rate restructuring schemes that would penalize customers who conserve energy as well as those who have installed solar panels on their homes or invested in other forms of distributed generation. Many critics consider these proposals to be a “war on solar.” Earlier this year, Wisconsin Public Service Corporation (WPS), We Energies, and Madison Gas and Electric (MGE) all filed applications with the Public Service Commission to dramatically change the way they bill their customers. The new structure would shift amounts charged in the “variable” category, which is based on customer’s actual electricity use, to what is called a “fixed charge,” an amount customers cannot control by reducing their use. As a result, those who use the least electricity will end up paying more, and those who use the most will pay less. Accordingly, some critics have called this “Robin Hood in Reverse.” The impacts of MGE’s proposal on residential customers can be seen in the chart below. Low-use customers, including those on fixed in...those who use comes, apartment dwellers, the least electricity students and customers have invested in energy will end up paying who efficiency, practice energy more, and those conservation or have investin solar panels, would see who use the most ed dramatic increases in their will pay less. monthly electricity bills if rates are approved. Accordingly, some these These low-use customers critics have called will, in effect, be subsidizing the decreases high-use this “Robin Hood customers receive on their in Reverse.” monthly bills if these companies get their way. In addition to its regressive rate restructuring plans, We Energies is proposing to impose new fees on customers who generate their own electricity. This includes solar, wind or any other distributed generation source. For example, the Milwaukee Metro Sewerage District (MMSD) and Potawatomi Casino would both pay higher fees because they own biodigesters. MMSD has filed testimony opposing the new fees. Not only is We Energies adding fees for to those who invest in renewable generation, they are also trying to prohibit third-party financing of solar facilities. Other states allow third-party ownership and leasing, which opens the door for more customers to take advantage of solar energy. The City of Milwaukee, whose Sustainability Plan calls for more energy independence and efficiency, has also intervened in the PSC case to oppose the We Energies plan. Clean Wisconsin has intervened in the We Energies and MGE rate cases, opposing the fixed charge increase and other anti-re-
Standing with more than 400,000 people in the streets of New York for the People’s Climate March in September was an exhilarating experience, to say the least. There were so many people from many places, income brackets and backgrounds, but one clear message powerfully underscored our unity: Our leaders must take action on climate change Mark Redsten NOW. Executive Director That’s why I made the 36-hour roundtrip on a packed bu to contribute stories about the many ways climate change is affecting Wisconsin. Climate change is already impacting the state we love. It’s impacting our quality of life through extreme weather events, causing costly flooding in our city streets and water backups in our basements, as well as droughts that hurt our livestock and agricultural production. At Clean Wisconsin, we know these problems can’t be solved overnight; that’s why your support is more important than ever. Your many voices and contributions help us address the climate challenges we are already facing while preparing for those as well as other challenges on the horizon. And your many voices came together in force on Wednesday, Oct. 8 when four celebrity chefs who understand the importance of a clean environment, plus more than 400 supporters like you came out to support and celebrate the work of Clean Wisconsin at An Epicurean Evening. Our first-ever gala event, you made it a blow-out success! While your generosity that evening was amazing, your rock-solid support is what we have come to expect and dearly appreciate! THANK YOU! With your help, whether at events like Epicurean Evening, through monthly giving, special year-end contribution, contacting your legislators and helping spread the word about Clean Wisconsin, we can protect Wisconsin’s environment and the places we love throughout the state. In this issue of Defender, you’ll see how your support is helping us effectively make a difference on many fronts: To protect our groundwater and drinking water; to ensure a strong plan for reducing climate change pollution; to help local communities sustainably manage stormwater to protect their health, property and neighborhood; and so much more. We know we can’t do it without you.
Thank you for all you do,
newable energy and anti-energy efficiency schemes. We are working with other groups to help them voice their concerns about these regressive plans. In addition to our intervention in these rate cases, Clean Wisconsin, along with the Citizens Utility Board, will be working with MGE to discuss alternatives to the rate restructuring they have proposed this year with the goal of preserving customer incentives to invest in energy efficiency, conservation and renewable energy. This Technical Working Group is scheduled to meet frequently over the next five months and consider, among other things, what other states are doing to encourage solar energy and enerygy efficiency rather than penalize them. This process will have opportunities for public input, and Clean Wisconsin will alert its members and the public when those opportunities occur.
Monthly Consumption
Current MGE Bill
Proposed MGE Bill
Bill Change
Percent Change
100 kWh 200 kWh 1500 kWh 2000 kWh
$26.99 $42.64 $242.26 $318.24
$35.16 $49.67 $234.70 $305.14
$8.17 $7.03 -$7.57 -$13.10
30.3% 16.5% -3% -4%
www.cleanwisconsin.org 3
Assets continued from cover
like Clean Wisconsin and local citizens have been asking that any high-capacity well permit limits be set according to what is cumulatively being pumped from all the wells in an area. Without this decision, DNR would look only at one property’s wells when making decisions about pumping rate, while ignoring the other high-capacity wells that might be causing strain on the local water resource. The judge in the case ruled that DNR is required to engage in science-based decision-making, and that cumulatively reviewing the impacts of a high-capacity well is the department’s constitutional duty. Thus, Judge Bolt stated, “it is scientifically unsupported, and impossible as a practical matter, to manage water resources if cumulative impacts are not considered.” This decision is a huge milestone for groundwater protection and was litigated by our own board member attorney Carl Sinderbrand. The neighbors and citizens who put up their own money to secure this victory deserve our gratitude. In another important case that Clean Wisconsin was a party to, a judge ruled that ordering a high-caTen years later, pacity well owner to install monitors is well within DNR’s authority. It may it’s well past sound incredulous, but New Chester in Adams County was fighting time to move Dairy a DNR requirement that the dairy monitor groundwater levels to ensure forward. there were no adverse impacts of their pumping. The dairy argued that this monitoring provision was not reasonable, and the DNR fought to keep the requirement. Clean Wisconsin stepped in to intervene on DNR’s behalf, and the judge ruled in our favor, stating that DNR’s authority and general duty to consider the environmental impacts of a high-capacity well includes the authority to include monitoring.
Moving forward
Moving forward, Clean Wisconsin and our partners insist that to be sustainable, any groundwater bill must follow these four core principles: 1. Groundwater management and permitting must be based on science 2. Help citizens and waterways that are currently being impacted by over-pumping 3. Prevent problems caused by over-pumping of groundwater in the future 4. Cannot rollback protections provided by the courts
While we are very happy about these recent decisions, we are still keeping pressure on the state Legislature to find permanent solutions to Wisconsin’s groundwater problems. Senate leadership has already indicated that this will be a top issue considered by the Legislature in the next session, which begins in January. It is now our job to make sure those legislators understand that we need more protections for our groundwater and drinking water, not more bending to special interests. Both Minnesota and Michigan have established groundwater protections that ensure waterways are protected from over-pumping, and that the agricultural sector remains vibrant. If our neighbor states can do it, so can we — we just need the right leadership to bring everyone to the table and work toward compromise, just as when Wisconsin’s first groundwater protection law was put in place in 2004. Ten years later, it’s well past time to move forward.
Current groundwater law leaves
State of Emergency
nants, including bacteria and nitrates. Even a single exposure to salmonella or campylobacter jejuni, which has been found in some of Kewaunee County’s wells, can cause serious illness or death. High nitrate levels pose significant risks to children and pregnant women, including Blue Baby syndrome, a life-threatening condition that limits the blood’s ability to carry oxygen to the brain. In addition to Clean Wisconsin, Environmental Integrity Project, Midwest Environmental Advocates, Midwest Environmental Defense Center, Kewaunee CARES and Clean Water Action Council of Northeast Wisconsin were also included on the petition. Despite well-documented pollution, including a 2007 comprehensive taskforce report, Kewaunee County’s groundwater issues have been largely untouched by local and state officials. While agriculture is not the sole cause of the contamination, it is a major contributor and intensive agricultural practices are on the rise as Kewaunee County has the highest concentration of large livestock confinements of any county in the state. Records show that the animals on Kewaunee’s largest farms, combined, produce the biological waste equivalent of 900,000 humans annually, about nine times the population of Green Bay. In addition, nearly 340 million gallons of liquid manure and more than 81 tons of solid manure are spread annually throughout the county.
Clean Wisconsin files joint petition for EPA action in Kewaunee County With nearly one-third of the county’s wells contaminated with bacteria and nitrates, Clean Wisconsin, along with five other environmental groups, recently filed a petition for emergency action with the EPA to clean up groundwater and drinking water in Kewaunee County. The petition asks the EPA to exercise its emergency powers under the Safe Drinking Water Act, including providing safe drinking water in an area where contamination poses serious public health threats, investigating the source of contamination. and initiating enforcement actions against polluters that should be held accountable. This effort builds upon ongoing, local efforts, including a recent 20-0 Kewaunee County Board of Supervisors vote seeking to limit winter manure spreading in susceptible areas. Portions of Kewaunee County are especially susceptible to groundwater pollution due to shallow soils overlaying fractured carbonate bedrock, resulting in the rapid movement of contami-
99% of lakes 92% of rivers & streams 98% of springs unprotected from the devastating impacts of over-pumping
Clean Wisconsin is compiling coments on this issue to share with the EPA. To share your comments, visit www.cleanwisconsin.org/kewaunee-comments 4
Fall 2014
Adding Up to a
GREAT SUCCESS Recapping our work in Milwaukee’s 30th Street Industrial Corridor By Pam Ritger
Artist Quan Caston installing one of three art pieces in late August to raise awareness about green infrastructure
By the Numbers
Project partners from MMSD, MWSCDC, Marek Landscaping and Clean Wisconsin worked with homeowners to install a rain garden in the Sherman Park neighborhood.
Clean Wisconsin’s green infrastructure outreach project has been a great success, generating enthusiasm and buy-in for managing water where it falls in neighborhoods throughout Milwaukee’s 30th Street Industrial Corridor. Through this collaborative project sponsored by Milwaukee Metropolitan Sewerage District (MMSD) and in partnership with Northwest Side Community Development Corporation (NWSCDC), Marek Landscaping, LLC and local artist Quan Caston, we have installed 90 rain barrels, eight rain gardens and three stormwater public art pieces throughout the corridor. Local residents have used these installations to divert approximately 126,000 gallons of stormwater from the sewer system, and over 100 pounds of pollutants will be diverted from Milwaukee’s waterways each year, strengthening the community’s environmental sustainability. Clean Wisconsin has worked with residents from 10 different neighborhoods throughout the area, including Century City Triangle, Sherman Park, Washington Park and Cold Spring Park. We are also engaging in further green infrastructure planning on MMSD’s 30th Street Industrial Corridor Advisory Council and with the support of a $60,000 matching grant from the Wisconsin Coastal Management Program for work through June 2015. In order to facilitate our ongoing work with community organizations, neighbors and other stakeholders in the 30th Street Industrial Corridor, Clean Wisconsin is subleasing office space in the Century City Tower, sharing the seventh floor with NWSCDC, Midwest Energy Research Consortium (M-WERC) and Uniting Garden Homes.
90 rain barrels + 8 rain gardens of stormwater =126,000 gallons diverted from the sewer of pollutants diand 100+ pounds verted from Milwaukee’s
Clean water starts at the source. As you follow tributaries to lakes and rivers further upstream, they get smaller and might not even exist at all times of the year. But even if these tributaries aren’t as large and visible as those waters downstream, they’re still important for water quality. A lake is only as clean as the waters that feed it. These smaller yet important water bodies are at the heart of a proposed EPA rule to better define the waters protected by the Clean Water Act (CWA), the nation’s cornerstone water quality law. While CWA prohibits illegal pollution to the “waters of the United States,” what exactly are these waters? The proposed rule seeks to answer this question. The proposed rule clarifies CWA protection of several types of water bodies, including headwaters, intermittent and ephemeral streams, wetlands and other connected waterways. The protection for these water bodies has been ambiguous following two Supreme Court decisions in the 2000s. Since these decisions, the CWA protection for these water bodies has been determined on a case-by-case basis. By standardizing a definition, the proposed rule will reduce this uncertainty. However, the proposed rule has stirred opposition among some groups, like the American Farm Bureau Federation, which claim the proposed rule is a regulatory overreach. EPA has debunked several of these claims, but opposition has persisted and threatens to block the rule. Clean Wisconsin is submitting comments to EPA in support of the rule in November. You can add your voice by taking action on our website. Your action will help make it clear that all of Wisconsin’s waters deserve unquestionable protection from pollution.
Take action at www.cleanwisconsin.org/cwa
waterways each year
PHOTO: Julie Wegner
Youth help paint a rain barrel during National Night Out in August.
system
The Heart of the Matter Defending & defining the Clean Water Act By Emily Jones
www.cleanwisconsin.org 5
A night with celebrity chefs for
What an amazing night!
Thank you to everyone who came out for Clean Wisconsin’s inaugural An Epicurean Evening! Set against the beautiful backdrop of Madison’s Lake Mendota and the brand-new Edgewater hotel, more than 400 of you joined us to support and celebrate the things that make Wisconsin great: clean air, clean water and the places we all love. We also want to extend a huge thank you to our volunteers, partners, mixologists and chefs.
Without you — all of you — none of this would have been possible!
Executive Chef Sponsors
Front of House Sponsors
Hoyos Consulting LLC
In-Kind Sponsors
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Fall 2014
PHOTO: Amanda Lynn Jones
Raising a glass for clean air, clean water and Clean Wisconsin PHOTO: Amanda Lynn Jones
PHOTO: Amanda Lynn Jones
Board member Gof Thomsen (left) at the wine pull
PHOTO: Amy Schereck Beyer, Amy B Creative
Our lovely volunteer crew
Our chefs (from left): Jonny Hunter, Anna Dickson, Dan Fox & Tory Miller PHOTO: Amy Schereck Beyer, Amy B Creative
PHOTO: Amanda Lynn Jones
Perusing the silent auction PHOTO: Amanda Lynn Jones
Emcee Mariah Haberman PHOTO: Amy Schereck Beyer, Amy B Creative
PHOTO: Amanda Lynn Jones
Executive director Mark Redsten talks to attendees about Clean Wisconsin’s work
PHOTO: Amanda Lynn Jones
Madison College culinary students asissted the chefs
PHOTO: Amanda Lynn Jones
County Executive Joe Parisi PHOTO: Amanda Lynn Jones
Jessica Harrison, Peggy Scallon & Kendall Harrison
PHOTO: Amy Schereck Beyer, Amy B Creative
See more at www.wisconsinepicureanevening.org/photos
TOXIC LOOPHOLE
Under
Loophole in law allows toxic coal ash to be largely unregulated
By Tyson Cook, Director of Science & Research
PHOTO: Tennessee Department of Health
the Lens
Each year, about one billion tons of coal is burned in the United States, making it the largest source of fuel used to produce electricity. Along with this production comes a number of waste streams. These include gaseous exhaust, wastewater, and about 130 million tons of leftover solid waste known as coal ash. The coal ash waste left over from burning coal takes four general forms: fly ash, bottom ash, boiler slag and flue gas desulfurization (FGD) sludge, each of which comes from a slightly different place in a coal-burning furnace. Fly ash is comprised of fine ash particles that are small and light enough to rise with the exhaust gases, while bottom ash is the materials that collect either at the bottom or on the sides of the coal furnace. Boiler slag is a specific type of bottom ash created in “wet-bottom” boilers, when molten bottom ash is removed and quenched with water, forming a crystalline material. FGD sludge is another special case that results from a type of control used to remove sulfur dioxide from the exhaust gases. Unfortunately, all that coal ash is not benign. Since it is made up of only the materials that do not burn when coal is combusted, it can end up with highly concentrated levels of toxic contaminants than were present only in small amounts the source coal. And when the coal ash isn’t properly managed, those toxic elements can leach out into water supplies, threatening the health of people and the environment. The most dramatic cases of damage from coal ash occur when enormous lagoons of toxic ash burst, like when a dam failed and spilled over one billion gallons of coal ash into the Emory River in Tennessee in 2008. However, pollution from coal ash also takes a less dramatic, but no less harmful form, when toxic chemicals leak slowly from dumps or “beneficial uses” in the environment. Documented contamination of water has occurred at more than 100 disposal sites in 37 states. Of those types of damages, the EPA has found more places in Wisconsin where coal ash has impacted groundwater than any other state. So why are the toxic materials in coal ash less controlled than other waste streams? There is a loophole specific to fossil fuel combustion wastes in the primary law dealing with all solid waste in the United States: the Resource Conservation and Recovery Act (RCRA). RCRA distinguishes between wastes that are considered “hazardous” and those that are not, and places the strictest requirements on managing hazardous wastes, including those that that threaten human health or the environment when improperly managed. The loophole in RCRA excludes coal ash from being considered hazardous, and therefore allows it to be managed as if it were a completely benign material. Fortunately, the EPA is now reconsidering coal ash regulations, and a settlement from a 2012 lawsuit has given them a deadline of December 19, 2014 to finalize the new rules. More information on those rules, including two proposals put forth by EPA, are available on the agency website.
Legislative Leader Profile Representative Chris Taylor was elected in a special election in 2011, and now represents the 76th Assembly District encompassing Madison’s downtown and near east side. Taylor is a practicing attorney, and the former executive director of Planned Parenthood Advocates of Wisconsin. Coming from the advocacy world, she has a unique understanding of how to advance policies in the Capitol and what it takes to secure victories for a cause, and was an environmental champion even before she took office. The environment is not just important to her as a legislator; it’s something she and her family live every day. Taylor’s husband is Jim Feldman, a professor of Environmental Studies and History at UW-Oshkosh, and they impart the importance of clean air and clean water on their two young sons. Taylor even authored the Children’s Outdoor Bill of Rights. “To my family and I, clean air to breathe and clean water to drink are basic rights,” Taylor noted. “I will continue the fight to increase protection of our natural resources until our children and future generations don’t need to be worried that their environment could be making them sick.” Working with Clean Wisconsin, Taylor has led several efforts in the Capitol to advance clean energy and clean water issues. She authored the mercury thermostat recycling bill and has been working to advance Clean Energy Choice to promote more renewable energy in homes, businesses and farms. She also has a keen interest in keeping pharmaceutical waste out of our waterways and continues to look for solutions for proper disposal of unused prescription drugs. Taylor has made headlines lately for exposing policies promoted by the American Legislative Exchange Council (ALEC), a group of conservative lawmakers and private sector representatives that drafts model legislation to benefit industry. Taylor has attended two ALEC conferences and reported on their inner workings, much of which revolve around denying climate change and opposing renewable energy. “With groups like ALEC having such influence, the big winners are the kings of coal, and the losers are you and I who live with the ramifications of a coal-dominated energy industry that threatens our planet and our health.” Clean Wisconsin is proud of the passion Rep. Taylor brings to environmental issues, and her appreciation for advocacy. There is no doubt she will continue to be a presence on these issues in the upcoming legislative session. 8
Rep. Chris Taylor 76th Assembly District D-Madison office phone: 608-266-5342 rep.taylor@legis.wisconsin.gov
Fall 2014
Analysis continued from cover
power plant across the country should be able to increase efficiency by 6%. While some plants in Wisconsin have been retrofitted recently to reduce other pollutants, Clean Wisconsin’s analysis shows that by simply ramping up the use of more efficient coal plants in the state and ramping down the less efficient plants, utilities could capture as much as a 5% reduction in carbon emissions without having to make any new improvements at all.
Cleaner Fuels
The next building block is based on the possiIf you take all these ble carbon reductions that can come from burnpieces together, we ing natural gas instead of coal. EPA assumes that utilities could run natural gas plants (which have believe that Wisconsin roughly half the carbon emissions of coal plants) could easily exceed at 70% of their possible capacity. It’s true that no EPA’s proposed goal plant can be run at 100% utilization for a number of reasons, including things like needing to shut for the state. down for routine maintenance, but many of our natural gas plants have the technical ability to run at a 80% to 85% capacity. Wisconsin has a good deal of natural gas capacity not being utilized, so we can achieve some very significant reductions here.
More Renewable Energy
The EPA has extended its deadline for public comment on its draft carbon pollution standards for existing power plants. That’s great news for those of us working hard to get these critical standards over the goal line. Thanks to the hundreds of you that already submitted your comments in support of the rule.
If you haven’t, take action today at: www.cleanwisconsin.org/ epa-comments
Clean Wisconsin found that the EPA made fairly conservation assumptions about the carbon reductions that are achievable by developing cost-effective renewable energy. Looking at how much renewable energy we generate in the state, EPA estimates that we can increase our current 5% to at least 11% by 2030. By strengthening our existing Renewable Portfolio Standards (RPS) and expanding renewable energy programs through Focus on Energy, Wisconsin can definitely exceed this target. This is especially true considering utilities could get credit for continuing to add renewable energy in other states to their generation mix.
Increased Energy Efficiency
Likewise for energy efficiency, we found that the EPA underestimated the potential for this in Wisconsin. The agency assumed that we would reach a level of energy efficiency that reduces annual electrical use by 1.5% a year by 2020, then stay at 1.5% from 2020 to 2030. An analysis from the Wisconsin Public Service Commission in 2010 showed that in 2014, we could already have reached that level of energy savings from efficiency. Neighboring states, including Illinois and Indiana, have passed laws requiring their utilities to achieve a 2% annual reduction long before 2020. Energy efficiency is the lowest cost way of reducing carbon emissions, so we should be maximizing our efforts here. If you take all these pieces together, we believe that Wisconsin could easily exceed EPA’s proposed goal for the state to reduce our rate of carbon emissions by 34%. We recognize that the proposal from EPA is very complicated (out of necessity) and imperfect, so we have come to an agreement with utilities on a number of changes to recommend to EPA for its final rule to make it even better. But all things considered, the reductions target EPA has set for Wisconsin seem modest and by investing heavily in energy efficiency, we’re confident the state can do better at a lower price.
From the Headlines
Recent actions, news & studies indicate increasing hurdles to GTAC’s iron mine It’s been nearly three years since Gogebic Taconite (GTAC) first announced their plan to mine for iron ore in Iron and Ashland Counties, but the company has yet to apply for a permit to proceed with its project. With important discussions about the proposed mine going on at the local, regional and national levels — and headlines regularly speculating about the mine’s future — it’s now unclear whether we will actually see a taconite mine in the Penokee Hills. Environmental studies are being conducted by a variety of organizations to identify important natural resources at and surrounding the proposed mine site. GTAC recently announced that there are more wetlands on the site than the company initially expected. GTAC also announced that it was considering suspending its plans to mine in Ashland County and has said it will spend the winter studying an Iron County-only mine. In addition, six tribes of the Lake Superior Chippewa Federation have petitioned the EPA to exercise its authority under the
Clean Water Act to prohibit waste disposal at the proposed GTAC mine. This request is similar to one that has gotten some traction in Alaska, where another metallic mine proposal threatens Bristol Bay. The EPA has announced it will consider using its authority to halt the Bristol Bay operation. Although there has been speculation that because of the falling price for iron ore, GTAC may be reconsidering whether to mine in the Penokee Hills, there is no assurance that the company is ready to withdraw its proposal yet. All the company has publicly said is that it is pushing back its plan to submit an application until the fall of 2015 at the earliest. In the meantime, Clean Wisconsin is working with the DNR, EPA, tribes, citizens and other organizations as they collect ecological data to refine our legal arguments and identify what additional studies must be conducted so that we have a full arsenal to protect the Northwoods when and if GTAC does apply for a permit to mine in the Penokees.
Huge mine may shrink away from Ashland County, Gogebic Taconite says —Wisconsin State Journal, Sept. 5, 2014
oposal ebic iron mine prJun og G in e en rv te in to e 27, 2014 PA E l, tine Tribes ask -Milwaukee Journal Sen www.cleanwisconsin.org 9
President’s Circle $25,000+ Anonymous
Philanthropist $10,000–$24,999 The Kailo Fund
Patrons $5,000–$9,999 Anonymous (2)
Benefactors $2,500–$4,999
Investors $1,000–$2,499 Anonymous (6) Amy Gilliland Amy Radspinner Carl Sinderbrand
Katharine Odell Kurt Sladky & Deb Neff Laurie & Richard Kracum Liz Feder & Mark Johnson Liz Middleton Luke & Carol Fairborn Madison Community Foundation Margaret Baack & Michael McAdams Margi & David Kindig Mendota Financial Numbers 4 Nonprofits LLC Peggy Hedburg Peggy Scallon MD & Mark Redsten Richard Gosse DDS & Karen Gosse Robert Hagge Jr. Robin Downs Roland Schroeder & Mary Mowbray Scooter Software Stonehouse Development, LLC Susan & Jerry Greenfield Thomas Schlueter MD & Ellen Neuhaus MD Vierbicher & Associates
Chuck Barnhill Citizens Natural Resources Association of Wisconsin
Dale Druckrey Conservation Fund Daniel Smith MD & Marcia Smith DW & Christena Benson Edward & Ann Hastreiter Emerging Energies of Wisconsin LLC Gary Goyke & Nancy Rottier Gof & Mary Thomson Gretchen La Budde & Michael Whaley The Hammes Company Hausmann-Johnson Henry Anderson MD & Shirley S. Levine Jack Westman MD Jennifer & Bill Zorr Karen & Michael Knetter Karin Sandvik
Thank you for your dedicated generosity to our work! To become a member or for more information regarding the benefits of the Environmental Pillars Society, contact development director Angela Cao at 608-251-7020 x17 or acao@cleanwisconsin.org.
Being a Corporate Guardian is an excellent investment in your business as you support our work for clean air, clean water and the places that make Wisconsin great! We encourage you to learn more about and do business with our wonderful Corporate Guardians!
www.johnsoncontrols.com
www.madisonmagazine.com
Hoyos Consulting LLC www.cascade-assets.com Madison
www.nordicwi.com Madison
www.delta-properties.com Madison
www.sustaineng.com Madison
www.holidayvacations.net
www.thinkinkanddesign.com Madison
www.hoyosconsulting.com Edgerton, Madison
www.capitalfitness.net Madison
www.thompsonim.com Madison
www.crossroadscommunityfarm.com Cross Plains
Interested in joining these businesses? Contact Angela Cao at 608-251-7020 x17 or acao@cleanwisconsin.org. www.cleanwisconsin.org 11
A Beautiful Evening in Cedarburg For 10 years, longtime supporters and friends Inge and Frank Wintersberger have generously hosted a fundraiser for Clean Wisconsin’s work for environmental protection and awareness. Over the past 10 years, this event has brought in over $30,000 in support for Clean Wisconsin. The Wintersbergers did it again this year on a September evening as Clean Wisconsin executive director Mark Redsten, who also serves on the board of directors for the Fund for Lake Michigan, shared with attendees the importance of the work of The Fund for Lake Michigan and Clean Wisconsin’s role in getting the Fund established. It was a great evening visiting with friends and sharing our work. Thank you to Inge and Frank for years of gracious and generous hospitality and friendship! A very big thank you to our event co-hosts & sponsors: Co-Hosts Sponsors Victoria & Rick Wintersberger Jeanne L. Berner Kim Wintersberger & Ahmad Ashour Warren Kreunen & Sally Duback Mary & Norm Dyer Paul & Shirley Neylon Thank you to all who attended, as well as those who could not attend but financially supported Clean Wisconsin!
Hosts Inge & Frank Wintersberger with speaker Mark Redsten Co-hosts Norm & Mary Dyer
Thank you for joining us at
Northwoods An evening in
Co-hosts Ahmad Ashour & Rick the Wintersberger
In mid-October, Clean Wisconsin staff made their way to Bayfield to meet and greet with our members and supporters and connect with new ones. Ashland Mayor Deb Lewis was on hand to share a few words of support for Clean Wisconsin, as was State Assembly candidate Beth Meyers. Co-hosted by board member Shari Eggelson, the event was held at Pike’s Bay Marina in Bayfield. Thank you to everyone who came out in support of Clean Wisconsin! Photo: English Lake, Mario Quintana