Defender
Spring 2015
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GTAC ENDS OPERATIONS IN WISCONSIN Gogebic Taconite’s announcement in late February that it was shuttering its Hurley office, as well as its announcement a few weeks later that it was dropping all efforts to build an open-pit iron mine in Northern Wisconsin, should come as no surprise. From the first rumor of this mining company coming into Wisconsin’s Northwoods about five years ago, there was no debating the significant risk this mine posed to our natural resources and the overly aggressive tactics of the company to write its own regulations for iron mining in Wisconsin.
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Microbead bill gets unanimous, bipartisan support in Senate
Wisconsin’s waters, especially our Great Lakes, are one step closer to being protected against the growing problem of microplastic pollution! In March, the state Senate unanimously — yes, unanimously — approved legislation that would phase out the manufacture and sale of personal care products containing microbeads. The bipartisan bill, introduced by Sen. Rob Cowles and Rep. Mary Czaja, is based on Illinois’s 2014 law to ban microbeads and is supported by the personal care products industry. Microbeads are tiny pieces of plastic added to products like body scrubs and toothpastes. Due to their small size, they can work through water treatment systems and into our waterways, aquatic life and our own bodies. Once there, the microbeads just keep adding up since they don’t easily break down in the environment. In addition to polluting our water, this plastic gets in the fish we catch, where it can harm their digestive systems. Chemicals in the plastic that are soaked up by microbeads can also cause other problems, like kickstarting the process of biomagnification, which causes much greater concen-
Also in this issue
continued on page 4
Groundwater Update | Biennial Budget | Waukesha Next Steps
&
News, Notes
Events
Leave a lasting gift for Clean Wisconsin
Leaving a legacy to Clean Wisconsin in your will or estate plan is simple. If you want more information on how to include Clean Wisconsin in your estate plan, how to leave gifts of stocks or securities or other methods of planned giving, contact development director Angela Cao at 608-251-7020 x17 or acao@cleanwisconsin.org.
We’re celebrating the whole month of April! Get details on events and giveaways, check out our memory board, learn more about our victories and upcoming work, and make a 45th anniversary gift at
www.cleanwisconsin.org/45 JOIN THE CELEBRATION ONLINE USING THE HASHTAG #CLEANWI45
Sail into
Summer with Clean Wisconsin
Join us for an evening at Milwaukee’s Sail Loft!
Thursday June 18 5-7 p.m.
Meet Clean Wisconsin staff and hear more about our expanding work in Milwaukee, all while enjoying the sights and sounds of Lake Michigan & Milwaukee River! Drinks & appetizers will be provided.
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On behalf of its more than 30,000 members, supporters and coalition partners, Clean Wisconsin protects the special places that make Wisconsin a wonderful place to live, work and play.
STAFF President & CEO Mark Redsten Development Director Angela Cao Director of Science & Research Tyson Cook Chief Financial Officer Nick Curran, CPA Organizing Hub Co-Director Melissa Gavin Communications Specialist Sean Hoey Membership & Development Coordinator Jake Immel Water Quality Specialist Scott Laeser Science & Policy Associate Matt Landi Staff Scientist Paul Mathewson Director, Programs & Gov’t Relations Amber Meyer Smith Water Resources Specialist Ezra Meyer General Counsel Katie Nekola Staff Attorney & Climate Resilience Project Manager Pam Ritger Senior Policy Director Keith Reopelle
Midwest Clean Energy Coordinator Sarah Shanahan 649 E Erie St., Milwaukee
Operations & HR Manager David Vitse Communications & Marketing Director Amanda Wegner Senior Staff Attorney Elizabeth Wheeler
• 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 45, No. 2 Issue date: April 2015 ©2015 Clean Wisconsin. All rights reserved. ISSN # 1549-8107
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.
Grant & Foundations Manager Ella Schwierske
Visit cleanwisconsin.org/events closer to the event for additional details!
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634 W. Main St., #300 • Madison WI 53703 Phone: 608-251-7020 www.cleanwisconsin.org
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BOARD Chair Carl Sinderbrand, Middleton Vice Chair Chuck McGinnis, Middleton Treasurer Gof Thomson, New Glarus Secretary Shari Eggleson, Washburn Belle Bergner, Milwaukee Elizabeth Feder, Madison Scott Froehlke, Montello Gary Goyke, Madison Margi Kindig, Madison Karen Knetter, Madison Mallory Palmer, Madison Glenn Reinl, Madison Arun Soni, Madison Bruce Wunnicke, Richland Center Board Emeritus Kate Gordon, San Francisco
Spring 2015
from the President & CEO
Watch-Dogging Waukesha By Ezra Meyer, Water Resources Specialist
As mentioned last issue, we expect the Wisconsin DNR to move the review process around Waukesha’s diversion back into the public sphere in the next few months. When the DNR finalizes its technical review of Waukesha’s 2013 final diversion application, it will release its preliminary decision on the proposal and its draft Environmental Impact Statement. The DNR will provide time for public comment in writing on both of those important documents, and they will hold public hearings in southeastern Wisconsin as well. We strongly encourage all Great Lakes advocates to watch for those opportunities and to get involved by attending a hearing and submitting your written comments to the DNR. Watch our website for details. We will work with our coalition partners from around Wisconsin and the Great Lakes Basin to review the DNR’s documents and let you know what we think. The DNR will take all the comments and feedback it receives into consideration to inform their final decision and final Environmental Impact Statement, so it is incumbent upon all of us to make our collective voice in support of the Great Lakes and the Great Lakes Compact heard. It appears that just when we’re all getting back into Great Lakes mode and planning our summer fun on and around the lakes, we’ll have to take a minute to be citizen watchdogs for the resources we so love and value. Thank you for your vigilance on this important Great Lakes issue! Clean Wisconsin works in close coordination with a coalition of partner organizations on issues pertaining to Great Lakes Compact implementation, which includes watch-dogging the process around Waukesha’s precedent-setting request to divert water outside of the Great Lakes Basin. In Wisconsin, we work with Milwaukee Riverkeeper, Midwest Environmental Advocates, Wisconsin Wildlife Federation, River Alliance of Wisconsin, and Waukesha Environmental Action League. Beyond Wisconsin, we work with National Wildlife Federation, Alliance for the Great Lakes, Natural Resources Defense Council, and state-level advocates in each of the other Great Lakes states.
www.cleanwisconsin.org/greatlakesnews
PHOTO: INDY KETHDY/FLICKR
Get Great Lakes updates & action items
In February, the state Legislature took up the 2015-‘17 biennial budget, and as you’ll read elsewhere in this issue of Defender, it isn’t good for Wisconsin’s environment. This budget rolls back key environmental initiatives at the core of our Wisconsin values. It takes away millions from the state park system and the state’s recycling program. It freezMark Redsten es the Knowles-Nelson Stewardship President & CEO Program, which has preserved our most precious lands for 25 years. It cuts support for polluted runoff management, which protects our water resources from contamination. And it makes numerous cuts to important education programs that share our environmental traditions with future generations. It’s alarming that decision-makers would target these essential items; these are what make Wisconsin such a special place to live, work and play. They keep our water, air and outdoors clean and safe. Without these programs, our Wisconsin pastimes — like summer camping trips to our beautiful parks or family boating adventures on our treasured lakes — would be at risk. These programs don’t just drive our culture, they power our economy as well. People across the Midwest travel to Wisconsin to enjoy our beautiful outdoors. Businesses locate in our state because of its abundant natural resources and our clean, healthy air. When our air, waters and lands are clean and protected, Wisconsinites profit. These important state programs are an investment in our children’s future, and their benefit to Wisconsin far exceeds their costs. Though we face a challenging budget, Clean Wisconsin won’t stop moving forward. We will continue to collaborate with local governments who want a cleaner environment; with businesses and utilities that are willing to support renewable energy and energy efficiency; and with innovative sewerage treatment districts in Milwaukee, Green Bay and Madison that see the benefit of watershed cleanup efforts not just for compliance with laws, but for the betterment of the communities they serve. By working together with organizations and institutions like these, we will prove we can strengthen both our economy and our environment. Always, thank you for your support. We couldn’t do this crucial work without you.
Thank you for all you do,
Another Successful Candidate Education Project On Thursday, Feb. 19, Clean Wisconsin wrapped up our successful 2014-‘15 Clean Energy and Energy Efficiency Candidate Education Project with a legislative breakfast at Madison’s Inn on The Park. The project was aimed at educating candidates for statewide office about Wisconsin residents’ positive attitudes toward
energy policies and how clean energy policies can create jobs in Wisconsin. Throughout the project, Clean Wisconsin met with candidates from all over the state, sharing polling data and conducting policy briefings in Green Bay, Manitowoc, Appleton and Madison. When the 2015-‘16 legislative session started in February, we turned to educating newly elected legislators by connecting them with Wisconsin businesses working in renewable energy and energy efficiency. Business panelists at the legislative breakfast included Aaron Rittenhouse, Johnson Controls; Matt Neuman, Sunvest Solar; Paul Schueller, Franklin Energy; and our very own Keith Reopelle. This impressive panel presented to more than 20 legislators from both sides of the aisle, including members of the Senate Committee on Natural Resources and Energy and the Assembly Committee on Energy and Utilities. These important business and legislator connections will pay dividends as Clean Wisconsin continues to work on programs such as Focus on Energy, which benefits Wisconsin’s economy and environment.
www.cleanwisconsin.org 3
We Energies Proposes to Burn More Coal On the heels of EPA’s release of the draft Clean Power Plan, We Energies is seeking authorization from the Public Service Commission (PSC) to increase its carbon emissions from the Elm Road Generating Station in Oak Creek by 982,000 tons per year. The state’s largest energy utility proposes to sink an additional $88 million of ratepayer money into the facility to allow it to burn a less efficient type of coal. If approved, this project will bring the cost of Elm Road to more than $2.2 billion. Switching from bituminous (Eastern) coal to sub-bituminous (Powder River Basin) coal will significantly impact global warming emissions from one of Wisconsin’s largest power plants as well. The proposal purports to do this in favor of reducing fuel costs to ratepayers but ignores the forthcoming regulation of greenhouse gas emissions from EPA and contains no assurances that the fuel savings will be passed
on to ratepayers. The proposed fuel change will also require more on-site storage of coal; We Energies proposes to double the size of its coal pile by clear-cutting 18 acres of high-quality woodlands in the Lake Michigan flyway. Clean Wisconsin intervened in the proceeding at the PSC and provided testimony about the detrimental and costly effects that We Energies’ proposal will have on Wisconsin’s ability to reduce overall greenhouse gas emissions as is required under the Clean Power Plan. At a time when Wisconsin should be making cleaner power generation a priority, investing $88 million of ratepayer money into this efficiency downgrade is simply unjustifiable. Wisconsin could invest that money in clean, renewable energy resources that reduce our state’s contribution to global warming pollution and would help, instead of hinder, our compliance with the Clean Power Plan.
PHOTO: jonnyfixedgear/Flickr
By Elizabeth Wheeler, Senior Staff Attorney
microbeads from cover trations of chemicals in animals higher up the food chain. It’s rewarding to see the Senate’s commitment to keeping our waters healthy and protecting our environment and health. Considering today’s political landscape, that’s no small feat. It’s equally rewarding to know that we played a big role in making this happen. It was about one year ago that we started educating supporters like you and the public about microbead pollution. Today, we’re close to having just the fifth law in the nation addressing this issue. With your support over the last 45 years, Clean Wisconsin has played a role in bringing pressing and emerging issues like this to light, such as acid rain legislation in the 1980s, forging one of the nation’s first recycling laws in 1990 and prohibiting dangerous lead paint. With your help, Clean Wisconsin will continue to lead the way for clean air, clean water and clean energy, now and for years to come. The bill still needs approval by the full Assembly and Governor. We look forward to seeing it through the Legislature, to the governor’s desk for signature and then on the record books to share yet another victory with you.
On March 3, Clean Wisconsin participated in The Big Share, the area’s first online giving day hosted by Community Shares of Wisconsin. Thanks to you, we raised more than $5,000 to support our important work for Wisconsin’s environment. In addition, the Madison Community Foundation provided a generous endowment match on the funds raised during The Big Share, extending your support well into the future.
Thank you to everyone who supported us in The Big Share!
With your support over the last 45 years, we’ve brought pressing and emerging issues like microbeads to light. With your help, we can do more.
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Spring 2015
mining from cover At the end of the day, Gogebic Taconite (GTAC), its leadership making lung cancer and mesothelioma a concern. In August 2013, and supporting decision-makers prefer to lay blame in the EPA as the company submitted a sparse, five-page pre-application that was the reason the company ceased operation here. But the truth of the light on details, and the information it did contain was incommatter is the project was flawed and shortsighted from the outset, plete and conflicting. Most recently, the company’s own consulhighlighted by a regular cadence of stall tactics, misinformation, tants announced their “surprise” that they’d underestimated the hyperbole, finger pointing and shadowy campaign contributions. number of wetlands at the mine site, despite being told this by the Recall, for a moment, how this all began. The saga started Janu- DNR, local residents, tribe members and environmental groups ary 2011 when GTAC executives stood before Northwoods resi- since 2011. From the start, the project flew in the face dents in Ashland and said they would not of Wisconsin’s rich history of environmenseek changes to Wisconsin’s mining laws. Four months later, a 186-page bill began cir- From the start, the project tal tradition, one that prioritizes our natural resources, clean air and water, our pristine culating in the Capitol, clearly written by and flew in the face of Northwoods forests and our Great Lakes. for the company. One of the worst environWisconsin’s rich history of The project failed not because EPA would mental bills we’ve ever seen, it gave out-ofenvironmental tradition, have denied it, but because GTAC didn’t state companies free reign to mine irresponsibly at the expense of the health and safety one that prioritizes our do its homework, it didn’t want to heed to of Wisconsin residents. While efforts to pass natural resources, clean air knowledge of experts and residents and it didn’t want to listen to the voices of Wisconthis bill failed in 2012 when Republican Dale and water, our pristine Schultz stood with Democrats to kill the bill sinites, voices that overwhelming wanted to Northwoods forests and keep mining laws strong. in the Senate, an election shift that November reinvigorated the effort and eventually our Great Lakes. The value of the Northwood’s wetlands, the mining law was passed in March 2013. trout streams, lakes, wild rice beds, majestic But having legislation on the books that provides a favorable forests, clean drinking water and the beauty of Lake Superior is imregulatory environment does little when you haven’t done your measurable, and all of it would have been jeopardized by GTAC’s homework and bully regulators rather than deal with the environ- plans for an open-pit iron mine. We hope lessons will be learned through this experience, and that Wisconsin won’t soon go down mental realities of the area. In the months following the passage of the mining bill, the is- the path again of weakening environmental laws for the risky and sue became an entertaining sideshow. For instance, the company shortsighted plans of a single company. We applaud the work of lambasted a research document by the Department of Natural natural resources professionals and scientists to show the reality of Resources (DNR), Department of Health Services and Wiscon- the impacts of a proposed GTAC mine and the fortitude of supsin Geologic Survey that outlined potential environmental risks porters like you, around the state and beyond, who continued to at the site, calling it “protest rhetoric” and accusing the DNR of stand up for our environment. Clean water, safe air and abundant “overstepping their regulatory authority.” Independent scientists natural resources are part of Wisconsin’s identity and economy, confirmed the presence of sulfide-containing rock in the area, and we hope this means these resources in the Northwoods will rock that could cause disastrous acid mine drainage; DNR also continue to be protected for future generations. confirmed the presence of asbestos-containing rock in the area,
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Spring has arrived, and farmers will be spreading manure on fields as they clear out their winter stores and prepare fields for planting. The spring spread is something that many Wisconsinites may take for granted, but if manure is over-applied or if the application is immediately followed by a rain event, the practice can cause runoff pollution to surface water and groundwater. Manure runoff can have a profound impact on water quality in Wisconsin as it contains high levels of phosphorus and nitrogen, which drive algae growth in waterways, as well as nitrates and bacteria (among other substances) that can contaminate drinking water sources. Water pollution associated with manure spreading has received significant attention lately, as in some cases, nutrient management planning and state and local regulations don’t adequately prevent contamination from occurring. Add that to over $6 million in cuts to polluted runoff management efforts in Governor Walker’s proposed state budget, and the task becomes even more daunting. While there are a number of standards and regulations that large livestock facilities (also called concentrated animal feeding operations, or CAFOs) must follow when managing their waste, including manure, these practices aren’t designed specifically to meet water quality standards; in addition, no similar regulations exist at the state level for smaller farms. This has been a core issue with addressing runoff pollution and leaching from fields. In some areas, such as Kewaunee County, local residents must purchase bottled water for all their drinking and food preparation due to groundwater contamination.
Court intervention
The courts are beginning to recognize that contamination from manure must be addressed. A few recent cases highlight some judicial concerns about drinking water safety and the competing interests of agricultural waste producers and other local residents. In January, a federal district judge in Washington state held for the first time ever that manure is a “solid waste” subject to the federal Resource Conservation and Recovery Act (RCRA). While manure has a specific RCRA exemption when beneficially applied as a soil conditioner, the judge held that when manure is over-applied as a disposal method, it loses its “beneficial use” and becomes a solid waste subject to the act. This case is significant because it provides recourse to citizens where previously there was none under the federal law. In late 2014, the Wisconsin Supreme Court also found that manure constituted a “pollutant” for insurance purposes in Wilson Mutual Insurance Co. v. Falk. In that case, residents with a contaminated well sued for property damages caused by well contamination. While the insurance company’s policy excluded coverage for damages caused by pollutants, the insured farmer claimed his manure was not a “pollutant” and the company should cover the liability. The court disagreed, deciding that while manure is not a “pollutant” when used as a fertilizer, when it enters a well it becomes undesirable and meets the definition of a “pollutant.” Although this case is narrowly focused on insurance policy, it creates a potential for liability for pollution caused by manure that could impact how the waste is ultimately managed.
Policy response
Due to their size and the amount of manure involved, CAFOs must follow a number of standards for manure spreading. They are required to create and follow a nutrient management plan that details which fields will receive manure, how much and when it will be applied. These plans are required to comply with standards established by the DNR and Department of Agriculture, Trade and Consumer Protection. Also, when a CAFO is first approved, it is required to meet certain standards for setbacks, odor control and other criteria. The statewide standards that govern manure spreading are periodically reviewed and two are now under consideration: the livestock facility siting rule and the NRCS 590 nutrient management standard. It is possible these revisions will open the door for more protective water quality standards, but final recommendations have not been issued yet. Further, a UW-Extension work group is studying “manure irrigation,” a practice where liquid manure is spread across the land via irrigation systems. This work group will likely issue recommendations for consideration this spring. 6
PHOTO: DEBORAH BERKE
SPRING SPREADING
How agricultural waste management is changing By Elizabeth Wheeler, in Wisconsin Senior Staff Attorney Local response
Several local communities have instituted temporary or permanent bans on some manure spreading practices in an attempt to prevent contamination. For example, a handful of counties and towns have banned manure irrigation and late last year, Kewaunee County established a local ordinance that restricts winter landspreading.
Clean Wisconsin’s work
Since 2010, we’ve worked to implement Wisconsin’s phosphorus standard. This rule allows regulated point-source dischargers, like wastewater treatment plants regulated under the Clean Water Act, to work with nonpoint sources, like farmers, in the same watershed to achieve water quality standards using best management practices targeted at reducing runoff. Called the watershed Adaptive Management Option, it is voluntary under the rule, but it has the potential to significantly improve water quality. Right now, Clean Wisconsin is partnering with Madison Metropolitan Sewerage District, NEW Water in Green Bay and others on watershed adaptive management projects. In late 2014, Clean Wisconsin also called on the EPA to respond to drinking water contamination in Kewaunee County resulting from agricultural runoff pollution. That request is still pending with EPA. Clean Wisconsin is working hard to fight the $6 million in proposed cuts to polluted runoff management efforts in the state budget; we are also working with farmers and technology experts to evaluate and promote biodigesters to help manage manure while creating clean energy. Our hope is that with Wisconsin’s positive track record on proactively addressing phosphorus and agricultural runoff, we can solve our most vexing water quality problems and that this work will continue without major setbacks due to funding cuts like those currently being proposed in the budget. There is no doubt that water quality in Wisconsin has room for improvement and that manure runoff is a major contributor to the problem in rural areas. However, it appears that the landscape is beginning to shift as local, state and federal entities recognize that ignoring the problem won’t make it go away. It is possible to manage animal waste sustainably; we just need the right policy tools driving necessary changes to get there. Spring 2015
PHOTO: RYAN EWERS
Our 2015-‘17 Budget Concerns In early February, Governor Scott Walker introduced his 2015-‘17 Biennial State Budget bill. At nearly 2,000 pages, the budget is the most comprehensive bill the legislature considers each session, covering funding for every state program. Sometimes even policy matters get encompassed into the budget bill, making it the most heavily lobbied bill each session. Clean Wisconsin is actively engaged in the effort to protect natural resource programs and funds. Unfortunately, Walker’s budget attacks so many core environmental programs that there’s plenty to keep us busy.
Over $15 million in cuts to science, research and education
Eliminates all state funding and positions for the Wisconsin Energy Institute/Bioenergy Initiative WEI performs research and provides key technical expertise to companies that develop new energy projects (such as cutting-edge energy technologies like smart grids) that lead to private sector innovation and job creation. WEI has brought one of the biggest federal government grants ever to Wisconsin: Over $350 million over the last 10 years to support one of only three Department of Energy-funded research centers.
Cuts 18.4 DNR Science Services positions These staff perform research on sustainable fisheries, invasive species, Great Lakes, game management and sustainable forestry; they’ve been involved with over 300 projects in the last two years alone, including the Governor Walker’s Walleye Initiative. Natural resources management depends on sound science. Also eliminates: • 11 DNR educator positions • $788,200 in grant funding for the UW-Extension Solid & Hazardous Waste Education Center, which plays a critical role in developing markets for agricultural plastic and helping poultry farmers manage manure through composting • $312,200 for UW Solid Waste Research for students doing applied research related to recycling, waste reduction and alternative uses of waste • The Wisconsin Environmental Education Board, which has awarded nearly $4.5 million in grants to almost 2,000 organizations across the state.
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However, the budget designates $250,000 for a duplicative wind energy health study, despite the fact that the Wind Siting Council completed a study that was unable to conclude that wind turbines have a direct and negative effect on human health in fall 2014.
Cuts over $15 million from Wisconsin Environmental Traditions
Freezes the Knowles-Nelson Stewardship Program For 25 years, the Stewardship program has protected our most precious lands and preserved them for future generations to hunt, fish, swim and recreate, bringing in millions to our tourism economy and increasing property values. Because the Stewardship
program is only authorized through 2020, this freeze effectively ends all land protection for Wisconsin. This is the third budget in a row that has targeted this program, even though polling shows 90% of Wisconsinites support land conservation even in tight fiscal times. Makes Natural Resources Board advisory The Natural Resources Board has provided citizen involvement in natural resource policy for 100 years. This change will consolidate more power with the DNR Secretary. Cuts $9.2 million in state support for the state parks system, including 46 parks, 14 trails and four recreational areas, representing 28% of its budget While some of this cut will be backfilled through an increase in park admission and camping fees, a total cut of almost $3 million remains. Wisconsin’s state parks system draws 14 million visitordays a year and generates $1 billion in economic activity annually. In other states that have shut off state support for their parks systems, parks have closed or severely limited their accessibility. $4 million cut from recycling program This brings total cuts to the recycling program up to 50% over the last five years, resulting in higher fees recycling fees and fewer recycling services for businesses and residents. Since initial cuts in the 2011-‘12 budget, residential recycling rates have dropped, threatening the recyclables supply chain that many Wisconsin businesses, such as paper mills and foundries, use to produce new products.
Over $6 million in cuts to polluted runoff management efforts
Cuts to DNR and DATCP nonpoint pollution programs, including: • $1,631,800 cut to land and water conservation staff affects onthe-ground staff who work with farmers to identify practices that reduce polluted runoff. • $920,000 cut to the nonpoint account, which funds nutrient management planning • $1,626,400 in reduced funding for grants to control urban sources of polluted runoff • $1,540,000 eliminated for contracts to state agencies or nonprofit organizations for research, education or technical assistance • $400,000 reduction for Targeted Runoff Management, which provides grants for runoff management practices in targeted, critical geographic areas with surface or groundwater quality concerns
Don’t miss out on updates on important budget and policy issues this session! Join our email Action Network
www.cleanwisconsin.org/updates
www.cleanwisconsin.org 7
Priority: Groundwater Bills begin to surface on this important issue By Amber Meyer Smith, Director of Programs & Government Relations
A Clean Wisconsin priority this session is to pass legislation that helps address the problems of over-pumping from high-capacity wells. In areas of the state, lakes, rivers and streams are drying up because these high-capacity wells are pumping massive amounts of water out of the water table and drawing down nearby waterways. Wisconsin passed the Groundwater Protection Act in 2004, which was acknowledged as a first step in protecting waters from over-pumping. But problems have persisted and it is time to take the next step in ensuring our waters remain abundant. While there was an attempt to weaken groundwater protections in the last legislative session, Clean Wisconsin, along with several other concerned groups and citizens, helped keep that bill from passing. There is a reinvigorated attempt to comprehensively look at highcapacity well regulation. While not all the proposals we’ve seen so far are good, there are currently three bills in various stages of drafting that would impact groundwater and high-capacity wells:
This is a problem because when a well is replaced, reconstructed or transferred, it is currently the only time DNR can review existing permits since they have no expiration. In areas like the Central Sands where waters are drying up, having that review in place is critical. Clean Wisconsin opposes this proposal because it would essentially give private property rights to water in perpetuity, and remove the only tool in the toolbox for reviewing pumping capacity and its impact on waterways.
Cowles Bill
Sen. Rob Cowles (R-Green Bay) is also currently drafting groundwater management legislation. As the Chair of the Senate Natural Resources Committee, Cowles’s effort could get traction. They have not yet released details of their proposal, but we are following their actions closely.
Senate Bill 72/Assembly Bill 105, the Water Sustainability Act
Introduced by Sen. Mark Miller (D-Monona) and Rep. Cory Mason (D-Racine) representing a comprehensive management system that would protect our lakes, rivers and streams from overpumping. The companion bills identify tools for DNR to use when permitting high-capacity wells that will help prevent water quantity problems. Provisions include monitoring requirements and a review of all wells in the area to assess the cumulative impact of pumping groundwater. Under the bills, DNR would get additional resources, and they could place additional conditions on a high-capacity well permit to prevent future drawdowns.
Gudex-Nerison Bill
Sen. Rick Gudex (R-Fond du Lac) and Rep. Lee Nerison (R-Westby) have circulated, but not formally introduced, a very different bill dealing with high-capacity well permits. Their bills would allow a high-capacity well owner to transfer their permit and reconstruct or replace a high-capacity well without DNR review.
Clean Wisconsin, working with partner organizations, will continue to evaluate all groundwater proposals for their impact on the following important criteria: 1. New legislation should help citizens and natural resources that are currently being impacted by over-pumping 2. Any meaningful legislation should prevent problems caused by over-pumping of groundwater in the future 3. New legislation should not roll back current protections 4. Groundwater management and permitting must be based on science
Keep up on groundwater legislation by joining our email Action Network at
www.cleanwisconsin.org/update
Legislative Leader Profile Born and raised in Appleton, Rep. Amanda Stuck is proud to represent her hometown community and the 57th Assembly District. Rep. Stuck was elected in 2014 and took office in January of this year. The 57th Assembly District is surrounded by Lake Winnebago, Little Lake Butte Des Morts and contains the Fox River and its canals within its boundaries. Prior to her election to the Assembly, Stuck worked as a housing specialist for the Appleton Housing Authority and worked for Former Congressman Steve Kagen in his Appleton office. She received both her bachelor’s and master’s degrees from the University of Wisconsin-Oshkosh. Natural resources have always been an important part of the Fox Cities community and an important part of Stuck’s life. The economy of Stuck’s district has always been tied to the natural resources of the area, being highly dependent on the waterways therein. Communities in the 57th district are returning to the water to drive their economies and create a thriving community. In addition to living near the Fox River, Stuck’s family has a cottage in Door County, where she grew up spending weekends and summers on the water. Stuck recognizes the environment and the economy are not mutually exclusive issues, but by being stewards of one, we can grow the other. As a new member of the Assembly Committee on Energy and Utilities and Committee on Environment and Forestry, Stuck plans to bring this perspective to the table. On these committees, Stuck wants to promote legislation that will help bolster the use of alternative energy sources in Wisconsin. It is in everyone’s best interest to increase Wisconsin’s use of alternate energy sources in the long run, and Stuck believes that environmental groups, utility companies and labor can all agree to a way to increase their use. As anyone in northeast Wisconsin can tell you, water is a greatly important part of the culture of the area. Stuck wants to work on legislation that will promote and protect natural resources like ground and surface water. As a mother, Stuck believes that we need to be good stewards of our natural resources so that our children and future generations can utilize and enjoy them. 8
Rep. Amanda Stuck 57nd Assembly District D-Appleton office phone: 608-266-3070 rep.stuck@legis.wisconsin.gov
Spring 2015
Most Wisconsinites welcome the warmer spring temperatures and melting ice and snow. As we start venturing outside again, climate scientists around the world are watching with particular interest to see when Lake Mendota’s ice thaws. This is because one method scientists use to study climate change is tracking the annual timing of lake freezing and thawing, referred to as lake phenology. It is easy to observe this timing without fancy equipment, and some lake phenology records predate other measures of climate change, such as air temperature. Early records of ice phenology were kept for a variety of reasons, including practical economic or transportation concerns, religious or cultural purposes, and just pure curiosity. Today, these long-term records are critically important to climate science because significant year-to-year variation in weather can mask overarching trends. Playing a starring role in global climate change analyses is Wisconsin’s own Lake Mendota, where ice phenology has been recorded since the 1850s. The initial recordkeeping is thought to be the product of a time when ice harvesting was an important industry or of an era when a sleigh ride across the lake was significantly more efficient than traveling overland. Regardless of why it started, Lake Mendota’s ice record is the longest continuous record for any lake in North America and one of the longest records in the world. The primary threshold used to determine these dates on Lake Mendota is 50% ice coverage, with a secondary criterion of being able to row a boat from Picnic Point to Maple Bluff. Examining the historical record (see charts below) there are a few points worth noting: • First, there is a lot of year-to-year variation. Unusually short ice years can be preceded or followed by above-average ice years, and short-term increasing trends can be observed (for instance, 1940-1960) in the context of an overall decline in the larger record. • However, when the short-term variation is smoothed out by taking long-term averages, a trend of declining ice days emerges. Since 1855, the number of ice days has been declining at a rate of two days per decade on average. This means that Lake Mendota today is frozen over for an entire month less, on average, than it was in the mid-19th century. • Finally, the longest ice years are all clustered toward the early part of the record (none of the 20 longest ice seasons have occurred in the past 50 years), while the shortest ice years tend to cluster toward the latter part of the record (six of the top 10 shortest ice seasons have occurred in the past 20 years). While it is true that Wisconsin has seen some record snow and cold snaps in the past few years, the long-term trends tell a different story: Wisconsinites today are experiencing a shorter winter than Wisconsinites 150 years ago. What does this all mean? Shorter, milder winters have implications beyond being bad for ice fishing and other winter sport enthusiasts. For example, many pests, such as ticks that carry lime disease, are kept in check by sufficiently long winters. Some apple varieties and cherries may be increasingly difficult to find here in Wisconsin since these fruit trees have a “chilling requirement,” a certain period of cold to break dormancy and resume normal growth in the spring. Additionally, milder conditions early in the year can cause these trees to blossom prematurely, putting them at risk of damage from a subsequent frost like in 2012, resulting in statewide apple production being cut in half. This winter, an unusually warm December resulted in Lake Mendota freezing 12 days later than the historical average of December 21. The lake opened up on April 3, right on the historical average opening date. This means that the lake was frozen for 91 days this winter, about two weeks less than the historical average and consistent with the long-term trend of declining ice cover and shorter winters in Wisconsin.
Under the Lens
Madison’s Lake Mendota:
A Sentinel of Climate Change By Paul Mathewson, Staff Scientist
Days of Ice, 1855-2014 Ice Days 30-year Average 10 Shortest Years
Days of Ice
10 Longest Years
Year
Ice On & Ice Thaw Dates, 1855-2014 Ice Thaw
Date
PHOTO: MICHAEL LELAND/FLICKR
Ice On
Year
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