Defender Spring 2013
Katy Felton-Moore Big Muskellunge Lake, Boulder Junction
protecting the join us:
Places We Love
working together to keep Wisconsin wonderful Aaron Edge Columbus
At Clean Wisconsin, we are honored to do the work of protecting the places we all love, from the shores of Lake Superior to the plains of southern Wisconsin, the beaches of Lake Michigan to the banks of the Mighty Mississippi. Through both victories and challenges, we have worked for 43 years to keep Wisconsin wonderful. But we haven’t been able to do it without you. From your emails and letters to your financial support, you have all had a hand in protecting the places we love. Thanks to you and with your support, here’s how we are all keeping Wisconsin wonderful, now and for future generations.
We are helping Wisconsin families breathe cleaner air. Megan Phillips Manitowish Chain
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Whether it’s hiking along your favorite forested trail in the Northwoods or canoeing down the Wisconsin River, clean, healthy air makes it easier to enjoy Wisconsin’s special places.
Thanks to you… We’ve worked to clean the air by reducing the most dangerous source of air pollution: coal plants. In Milwaukee, 90,000 children and adults with asthma will now breathe easier as we worked together to convince the owners of the Valley coal plant to transition from dirty coal to cleaner-burning natural gas.
With your support… We can increase the use of pollution-free clean energy like wind and solar in Wisconsin. We are currently working with legislators to eliminate barriers that
Theresa Kocka Chippewa Flowage, Hayward
prevent more clean, renewable energy.
We are cleaning up the lakes, rivers and streams we love.
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Cannon-balling into a cool lake or tossing a line in your favorite fishing spot, our shared love of water is why Clean Wisconsin works to protect our waterways.
Thanks to you… Our state has cut mercury emissions from coal plants by 90%. As this dangerous neurotoxin easily gets into our waters, this accomplishment protects the health of Wisconsinites by making the lakes we swim in and the fish we eat safer.
Roy Settgas Sand Island Sea Caves, Lake Superior
Winners from our “Places We Love” Facebook photo contest
With your support… Clean Wisconsin is working with Madison and Green Bay to rid their waters of smelly, unsightly and dangerous algae blooms. We will then use the lessons learned to help communities across the state restore their own lakes, rivers and beaches for all to enjoy.
Nonprofit Org U.S. Postage PAID Permit No. 1291 Madison, WI
We are helping protect Wisconsin from the worst impacts of climate change.
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From lost trout streams to reduced milk production, lower Great Lakes levels to crop-killing droughts, climate change threatens our way of life in Wisconsin.
Thanks to you… We helped convince the EPA to propose rules limiting carbon pollution from new plants, which according to the Washington Post, “dooms any proposal to build a coal-fired plant that does not have costly carbon controls.”
With your support… We’re taking the next step in the fight against climate change. Clean Wisconsin is now working with partners across the nation to push the EPA to set
Clean Wisconsin 634 W. Main St., #300 Madison, WI 53703-2500
carbon pollution limits for existing power plants.
See the impact of our work together to protect the Places We Love at www.cleanwisconsin.org/placeswelove Also in this issue
Highland Wind | SS Badger Update & Action Clean Wisconsin & Friends Bike Club | State Budget
Taking Charge &
TAKING ACTION
Actions you can take for clean water, clean air and clean energy
Letter-Writing Campaigns
Many elected leaders read the editorial page of their local newspapers to get the pulse of the public and gauge what they think of current issues. As such, we’d love to work with you to write a letter to the editor on our issues. Whether you’re passionate about clean air, clean water or more clean energy in Wisconsin, or any other issue you see in the following pages, we want you on board. If you are interested in writing letters to the editor (it’s easy, we promise), please contact Katy at 608-251-7020 x28 or kwalter@cleanwisconsin.org to get started.
And the Envelope Please...
Something as simple as a little reply envelope can make a huge difference. Really. It seems like such a small gesture, but the impact on our work can be enormous. We all agree that we want and deserve clean water and clean air. We want and deserve clean energy alternatives. We need to protect the special places that make Wisconsin wonderful. And that is what Clean Wisconsin, along with all our members, is doing. Here is where the envelope comes in. The little envelope tucked inside this newsletter makes it easy for you to help Clean Wisconsin be a strong and effective voice for Wisconsin’s environment. Our work is possible thanks to simple gestures like these. Simply write a check for whatever amount you chose, slip it inside the envelope, stamp it and drop it in the mail. If you prefer, you donate via credit card, or make a secure, online donation at www.cleanwisconsin.org/defenderdonate. That’s how easy it is. Perhaps it took you a minute, maybe two. But the act of making a contribution to Clean Wisconsin has a huge impact. You are helping support clean water, clean air and clean energy for Wisconsin. Thank you!
Share Your Story with Clean Wisconsin
Because we couldn’t continue to advocate for Wisconsin’s environment without your support, we want to know why you care enough to support us with your hard-earned dollars. Did you learn your conservation ethic from your grandparents? Do you take a daily hike through the woods near your house? 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 donate to us. To share your story, contact Jake at 608-251-7020 x23 or jimmel@cleanwisconsin.org. And, thank you again for your support of this work.
Spoons for the Environment! If you like frozen yogurt and live in Madison, stop by Orange Leaf, 8426 Old Sauk Road, on Earth Day, Monday, April 22. That day, 20% of your purchase will be donated to the organization when you mention “Clean Wisconsin.”
634 W. Main St., #300 • Madison WI 53703 Phone: 608-251-7020 www.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. Founded in 1970 as Wisconsin’s Environmental Decade, Clean Wisconsin exposes corporate polluters, makes sure existing environmental laws are enforced, and educates citizens and businesses. 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 Becky Bains Interim Staff Attorney Marcy Brant Staff Scientist Tyson Cook Chief Financial Officer Nick Curran, CPA Development Assistant Jake Immel Water Program Coordinator/Grant Manager Emily Jones Water Program Director Melissa Malott Director of Programs & Government Relations Amber Meyer Smith Water Resources Specialist Ezra Meyer General Counsel Katie Nekola Senior Policy Director Keith Reopelle Midwest Clean Energy Coordinator Sarah Shanahan Clean Energy Specialist Katy Walter Creative Director Amanda Wegner Communications Director Sam Weis Staff Attorney Elizabeth Wheeler Office Manager David Vitse
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 43, No. 2 Issue date: April 2013 ©2013 Clean Wisconsin. All rights reserved. ISSN # 1549-8107
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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 Scott Froehlke, Montello Lucia Petrie, Milwaukee Karen Sands, Whitefish Bay Carl Sinderbrand, Madison Board Emeritus Kate Gordon, San Francisco
Printed with soy ink on unbleached, recycled paper.
Spring 2013
State Budget 2013
from the Executive Director
A mixed bag for conservation By Amber Meyer Smith, Director of Programs & Government Relations
The legislative session began in January, and while the first few months of legislative activity were dominated by mining, the next few months will be dominated by the 2013-‘15 Biennial Budget. The budget determines how state resources will be spent for the next two years and is the one bill that the Legislature must sign into law every session. Because of its importance, Clean Wisconsin spends a lot of time every session trying to make sure that natural resources are protected as part of the budget process. Governor Walker introduced his budget on February 20, and it is a mixed bag for conservation: • Adds two staff to DNR to monitor frac sand mines. This industry is booming across Wisconsin with over 110 sand mines and processing plants, up from 10 in 2010. DNR estimates that with its current staff, it can only inspect each sand mine about once every five years, so more staff is critical. • Adds two positions to DNR with responsibility for monitoring commercial/industrial air emissions to assure compliance with federal clean air standards. • Does not include two positions that DNR requested for additional enforcement of environmental laws. • Transfers $7 million from the stewardship program, used to purchase and protect lands for public enjoyment, to fund upgrades at the Kettle Moraine Springs Fish Hatchery. • Cuts land and water conservation staff and grants that support implementing agriculture practices to reduce polluted runoff. • Eliminates the grazing initiative, which supports sustainable agricultural practices that are an important part of controlling phosphorus runoff. • Jeopardizes funding for mass transit while increasing highway funding. Moving public transit to the shrinking general fund of the budget forces public transit to compete with other state programs, like prisons and schools, for limited funding. The budget process can be lengthy. The state legislature has just started its work on the governor’s budget proposal, and many, many changes will be made; it is an ever-evolving process for sure. The budget-reviewing Joint Finance Committee will hold public hearings at various locations around the state in April, and then will begin voting on specific provisions of the bill. Rest assured that Clean Wisconsin will be following all steps of this process and asking our members to engage with the legislature to help protect and promote environmental health. Make sure part of our email Action Network to get the latest updates — this stuff can move fast!
One of my most memorable days last summer was spent with my family jumping off small cliffs on Madeline Island into the turquoise blue water of Lake Superior. As Wisconsinites, we are fortunate to live in a state filled with beautiful places that provide the backdrop to our best memories with friends and family. Whether it’s relaxing on a Great Mark Redsten Lakes beach, hiking at Devil’s Lake Executive Director State Park, teaching children to fish on one of our thousands of lakes, or paddling down a beautiful river, all of us have special memories that were made in Wisconsin’s outdoors. We’re able to make these memories today thanks to a strong conservation legacy in Wisconsin. With names like John Muir, Aldo Leopold and Gaylord Nelson filling our state’s history books, we are able to enjoy such a wonderful and pristine environment only because the generations before us understood the need to protect it. Today it’s our turn to carry on that environmental legacy. Unfortunately, that is no easy task. From strip-mining companies to invasive species, climate change to blue-green algae blooms, our environment faces a long list of threats that imperil the places we love. But together we can protect Wisconsin’s environment. That’s why we’re building our team. In the last year alone, we’ve more then doubled our email Action Network, we’re now over 16,000 strong on Facebook, and donations from active members like you ensure we can be in the Capitol every day fighting for clean air, clean water and clean energy. In the pages ahead, I invite you to read about some of the important work we are doing to protect the special places where our best memories are made. I also encourage you to visit www. cleanwisconsin.org/placeswelove, which highlights how we’ve done this work together. After you’re done reading, please join our email Action Network or make a donation to help support our work fighting for Wisconsin’s environment. Together, we can carry Wisconsin’s environmental legacy forward and protect our favorite places for our children and future generations.
New Water Quality Guidebook Available By Emily Jones, Water Program Coordinator
Photo: MoniKA BLAZS
Thank you to everyone who came to our photo reception February 6!
Phosphorus pollution, which runs off farm fields and lawns and is discharged by plants and wastewater treatment facilities (WWTPs), is a major threat to Wisconsin’s waters. They cause the algae blooms that blanket lakes and harm aquatic habitats. In response to this threat, the DNR adopted rules that limit the amount of phosphorus allowed in state waters and outline strategies that phosphorus dischargers, such as WWTPs, can use to meet their permitted phosphorus limits. One such strategy is the adaptive management option (AMO), an innovative and cost-effective approach to controlling all sources of phosphorus across an entire watershed, that Clean Wisconsin helped bring to fruition. Clean Wisconsin believes that AMO is the best approach for phosphorus control, and we’re dedicated to making it work. To make AMO understandable and accessible, we released a guidebook this winter that explains AMO and the process for developing an AMO plan. It provides resources and recommendations to those interested in AMO, including operators at WWTPs, local government officials and citizens interested in watershed protection. The guidebook is available at
www.cleanwisconsin.org/amoguide
Aerial view of the Penokee Range
Headed to the Range
Mining’s next steps
By Amber Meyer Smith, Director of Programs & Government Relations
Make no mistake.
Even with the new truncated review from DNR, a mine is still years and years away from becoming reality under the best of industry scenarios. Gogebic Taconite has overcome one major hurdle in its effort to forever change the landscape of the Penokee hills: passing 2013 Wisconsin Act 1, the open-pit iron mining bill. Act 1 was signed into law by Governor Walker on March 11 and significantly changes the regulations relating to the permitting of iron mines in Wisconsin. Gogebic Taconite is expected to begin test drilling at its proposed site sometime this month, depending on the weather. This is the first step of the exploratory phase for a mine in the Penokees, to be followed by bulk sampling, which analyzes the rock in the area of the mine site. This exploratory phase begins what will likely be a very long, very involved and highly scrutinized process for filing a permit application. In addition to the test drilling and bulk sampling that will begin soon, Gogebic Taconite could also begin work on its environmental analysis as soon as this spring, including studying the plants and animals in the area, identifying wetlands and waterways, and getting baseline groundwater tests. For many of these tests, the company will need several seasons’ worth of data to adequately prove to the DNR that it will not be significantly harming the waterways of the area. Because of the environmental studies required, the soonest that Gogebic Taconite could apply for
a permit is 2014, and even company officials view that as optimistic. At least a full year before applying for the mining permit, a company must submit what’s called a “pre-application notice.” Once the actual mining permit has been submitted and the DNR deems that application complete, the 420day timeline for DNR review outlined in the new law begins. This is where much of the scrutiny for a potential mining permit will begin. At the end of that 420-day period (additional time is allowed if the company asks for it), the DNR must deny or approve the permit. While the new iron mining law dramatically reduces the timeframe in which DNR must approve or deny a permit, there are still a number of plans and approvals to be reviewed at the federal and state levels. The list at right highlights the federal reviews needed. The Army Corps of Engineers has already expressed concern about provisions of the new law where state and federal review of the permit may no longer be compatible. In addition, the Bad River Tribe has promised to use “every avenue of resistance” to oppose a proposed iron mine upstream from their reservation, including lawsuits, regulatory authority and grassroots resistance to fight the mine. If a mining permit is issued, the opportunities for challenging that permit are greatly restricted under the new law. Although a permit appeal is allowed, it must be conducted within 150 days, which makes a challenge very difficult. However, it is still possible to challenge the permits in court. Clean Wisconsin will continue to closely monitor Gogebic Taconite’s permit applications at each step of this process and intervene to protect Wisconsin’s Northwoods.
SS Badger
UPDATE
Photo: DEREK JOHNSON
Federal Reviews ◊◊
Army Corps of Engineers reviews permits related to drainage or fill of wetlands
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EPA reviews permits related to spill prevention control and countermeasures
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The Army Corps and EPA develop a federal Environmental Impact Statement
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Depending on location and amount, highcapacity wells and surface water withdrawals may be subject to review under the Great Lakes Compact
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Bad River Band of the Lake Superior Tribe of Chippewa Indians has water quality standards on its reservation that any water coming from the mine must meet
In late March, the EPA gave the SS Badger car ferry, which dumps 500 tons of toxic coal ash into Lake Michigan each year, the green light to continue dumping for another two years, despite the owners receiving numerous opportunities to clean up their act. This isn’t good enough. For years, the company has avoided the issue, asking for extensions and special treatment. They received taxpayer grant money to find a way to resolve the issue, but continue to dump coal ash into Lake Michigan on its daily trips between Manitowoc and Ludington, Mich. And in the company’s own FAQs, they’ve admitted they will continue to try find a way around the EPA’s ruling. While the company did receive a paltry fine for dangerous mercury pollution, the EPA needs to know that the SS Badger’s owners need more than a slap on the wrist and a grace period. The EPA comment period is open through April 25. Take action today!
www.cleanwisconsin.org/badgercomments 4
Spring 2013
Wisconsin’s Wind Chill Factor The Highland Wind Case
By Katie Nekola, General Counsel
Clean Wisconsin has supported clean, renewable energy, including wind power, for its entire 43-year history. We support wind energy because it’s an emission-free alternative to dirty coal-fired power plants that put mercury in our lakes and soot into our air, causing respiratory illness. The harmful effects of burning coal have been proven to affect the most vulnerable among us: children, the elderly and those with asthma and emphysema. Coal plants harm people everywhere, not just those who live near them. Because air pollution affects entire cities and we all use electricity, we need clean alternatives to coal. Due to our concern regarding the health impacts of our energy choices, we got involved in the Highland Wind case. Highland proposed to construct 102.5 megawatts of wind energy in St. Croix County and needed approval from the Public Service Commission (PSC). Our goal was to help provide unbiased information about the particular issue of wind turbine noise, both audible and inaudible. Some wind opponents claim that low-frequency, or inaudible, sound causes health impacts for sensitive people. Clean Wisconsin proposed to work with expert acousticians to take measurements of low-frequency sound levels at an existing Wisconsin wind farm. While low-frequency sound is produced by almost all natural and human-made phenomena (the wind itself creates low-frequency sound), often below the threshold of human hearing, it was this type of sound that was the main concern of parties opposed to the wind project. The experts used state-of-the-art equipment to measure the sound around several wind turbines in Brown County over a three-day period in December 2012. The acousticians were experienced at measuring sound levels at wind farms, as well as coal, nuclear, and gas power plants. We hoped that the sound measurements would help illustrate the true nature of audible and inaudible sound from wind turbines and put it in perspective.
“The opponents of the project point to [low-frequency noise] as a likely cause of the illness being felt by individuals near wind farms, but there is not enough evidence to prove causation.”
-Eric Callisto, PSC Commissioner
As expected, the sound measurements showed extremely low levels of low-frequency sound, and showed no connection between those measurements and the health concerns of the residents nearby the wind farm. This was why the three PSC Commissioners all agreed that the “Shirley Report” showed no connection between the reported symptoms of the residents and the wind turbines. Unfortunately, in the end, the PSC voted 2-1 not to approve the Highland Wind project based on concerns about audible sound (plain old loudness, not the low-frequency sound that the experts measured), even though Highland could control turbine operations to dampen audible sound and committed to doing so. Clean Wisconsin will continue to monitor this project and support it if Highland decides to reapply.
In the case for clean energy Some legislators get it… Bipartisan interest in initiatives that will break down barriers to clean energy remains. A proposal called Clean Energy Choice would clear up a gray area of current state law and allow investors to own renewable energy systems on a farm, home or business and sell the power back to the host. A fair and uniform net metering policy would make renewable energy more affordable by ensuring that owners of systems get the same rate that they pay the utility for their electricity. We remain hopeful that we can make progress on these modest initiatives to advance renewable energy.
… And some don’t A few legislators continue to attack the clean energy laws that Wisconsin has on the books. We’re seeing a variety of proposals that will weaken our state’s commitment to renewable energy through the Renewable Electricity Standard, including bills that would freeze renewable development and allow nuclear power to qualify as renewable energy. Another propsed bill would undermine our statewide rules for permitting wind farms and put wind power in Wisconsin in jeopardy. While these attacks threaten our ability to move Wisconsin forward on clean energy, with your help we can make sure that legislators don’t give in to fossil fuel interests. —By Katy Walter, Clean Energy Specialist
Show your support for
clean energy.
Join our email Action Network today at cleanwisconsin.org/cleanenergyworks
www.cleanwisconsin.org 5
Blue-Green Algae:
What will this season bring? By Tyson Cook, Staff Scientist
Under the Lens
Wisconsin is home to over 15,000 inland lakes, 84,000 miles of rivers and streams, an abundance of wetlands and springs, and 575 miles of Great Lakes coastline, not counting islands. As Wisconsinites, we enjoy our waters through swimming, fishing, boating and of a number of activities. And we get upset when we can’t. So it’s not surprising that many Wisconsinites are familiar with the term “blue-green algae.” Each summer, these bacteria (that’s right, blue-green algae aren’t actually algae) thrive in our waters, shutting down beaches with their noxious presence and the toxins they can produce. Last year was particularly bad, because unseasonably warm weather in March gave them an early start. What can we expect this summer? Like any other form of life, blue-green algae rely on a combination of environment and nutrition to grow. The best environment for them is warm, clear water, and the nutrient they need the most (at least in freshwater) is phosphorus. Fortunately for them — and unfortunately for us — there is plenty of both good environment and good nutrition for blue-green algae in Wisconsin. In 2012, an early heat wave provided an excellent environment for blue-green algae to grow, and they were able to use the phosphorus already present in the water to flourish. On the bright side though, that growth was somewhat limited by the drought that started with little accumulated snowmelt and continued with limited rain into the summer. The drought meant that less phosphorus was washed off the land into the waters. This year, early spring wasn’t as warm, but snow cover lasting into the spring could bring its own problems. That’s because farmers often start spreading manure and fertilizers in early spring for the upcoming year. When this corresponds with the timing of significant runoff from snowmelt or heavy rains, especially on grounds that may still be frozen, the amount of phosphorus that gets into the water to feed blue-green algae is greatly increased. At the end of the day, the system that creates large and potentially harmful algal blooms depends on a huge number of conditions. Because of that, it’s impossible to say exactly what a particular season could bring. What we do know, however, is that climate change is going to generally lead to warmer waters. This will continue to improve the environment for blue-green algae in the state — one more reason to fight for a cleaner energy future. On the other side of the equation, we also know that the more phosphorus gets into the water, the more blue-green algae we tend to have. That’s one reason Wisconsin recently enacted rules to reduce phosphorus pollution, but there is more work to be done. Last year, blue-green algae got off to an early start, but we had some factors in our favor that eventually limited their growth. But this year is anyone’s guess. Let’s hope for a nutrient-poor summer!
Legislative Leaders
Rep. Mark Honadel Growing up on a dairy farm with an apple orchard, Sen. Mark Honadel knows the importance of land management and conservation. Born and raised in Oak Creek, he graduated from Oak Creek High School and attended Milwaukee Area Technical College. Honadel applied his farming background when he started a lawn and garden center in South Milwaukee, and he’s also worked as a professional metal fabricator, welding instructor at Milwaukee County House of Corrections and an industrial manager. Honadel was first elected to the Assembly in a special election in 2003. He represents the 21st Assembly District, which includes Oak Creek, South Milwaukee and part of Franklin. He presently serves as Chair of the Assembly Energy and Utilities Committee and also serves on the committees of Assembly Urban and Local Affairs, Assembly Workforce Development, Assembly Ways and Means, Assembly Insurance, and Assembly Tax Exemptions. A long-term member of the Energy & Utilities Committee, he helped pass 2005 Act 141, a comprehensive piece of energy legislation that established a new and more ambitious renewable portfolio standard (RPS). Now serving as committee chair, Honadel is happy to see that all 118 Wisconsin electric providers are in compliance with their Renewable Portfolio Standard (RPS) requirement for 2011 and that the majority of Wisconsin utilities have already achieved the increased percentage of renewable energy that will be required by 2015. Act 141 also overhauled funding and oversight of Focus on Energy, the statewide energy efficiency and renewable energy program. Honadel values the Focus on Energy program for the savings it provides to customers and believes it is important to recognize our state’s strengths in renewables to conserve energy and get the most bang for the buck from the program. One focus Honadel has for the Energy Committee is being open to all forms of energy that are safe, clean, low-cost, long-term and sustainable. He looks forward to working with all committee members, interested parties and members of the public this legislative session. 6
21st Assembly District R-South Milwaukee office phone: 608-266-0610 Rep.Honadel@legis.wi.gov
Spring 2013
Like to bike? www.cleanwisconsin.org/ride
Interested in supporting the Clean Wisconsin & Friends Bike Club? We’re seeking sponsors, in-kind donors and ride leaders. Email us at bikerides@cleanwisconsin.org!
Starting May 16, join Clean Wisconsin every Thursday for a group ride around the greater Madison area! We’ll meet at the Clean Wisconsin office at 5:30 p.m., head out for an at-your-own-pace ride. Afterward, we’ll gather together for refreshments, food and fun, so bring your wallet! The Clean Wisconsin & Friends Bike Club is open to anyone, regardless of cycling experience. Families are welcome as well. Want more information? Join our bike list and learn more at
www.cleanwisconsin.org/ride