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Inside: Mining Legislation Update
winter 2012
we believe everyone deserves clean water and clean air
Why We Fight for Clean Energy for our health
for our environment
for our future
We are an effective voice in the Capitol for you and the environment read more starting on page 5
also inside
w w w. c l e a n w i s c o n s i n . o r g
The problem with coal ash
Coal ash is a dangerous byproduct of burning coal that has potentially toxic health effects if it enters our water. Containing over 24 known pollutants, coal ash made headlines at the end of 2011. In early November, a bluff collapse at We Energies’ Oak Creek coal plant sent coal ash spilling into Lake Michigan. Around the same time, we also learned that the owners of the S.S. Badger, a car ferry that dumps over 500 tons of coal ash into Lake Michigan on its trips between Manitowoc, Wis. and Ludington, Mich., had applied for National Landmark status of the ferry and its engine in order to circumvent the Clean Water Act and continue dumping coal ash into Lake Michigan. Lake Michigan is a source of tourism, recreation, food and water, yet these coal ash instances are just two of the many dirty energy-fueled threats to this natural gem. Clean energy would offset the need for polluting fossil fuel-burning plants like Oak Creek, and there are several cleaner options for the S.S. Badger. Clean energy options keep harmful pollutants out of our air and water and out of our bodies.
The heart of the Valley
Nonprofit Org U.S. Postage PAID Permit No. 1291 Madison, WI
join us
Compact Update pg 3 Focus on Energy pg 5 Wetlands pg 8
because we get down to the nitty gritty, but our work is driven by something greater. Fighting for clean energy isn’t always popular or easy, but we do it for some very important reasons: our health, our environment and our future. In the past few months, we’ve had many opportunities, good and bad, to remind ourselves of what’s at stake.
Clean Wisconsin has been working closely with the Cleaner Valley Coalition for over a year. A coalition of health advocacy groups, civil rights organizations, grassroots organizations, local service providers and individuals working is to clean up the Valley coal plant in Milwaukee’s Menomonee Valley. Here, there are certainly health issues at stake. The plant is bordered by low-income communities, but the plant has no modern pollution controls; we’ve met dozens of parents whose children and family members suffer from asthma and other ill effects of coal-burning pollution. In December, the coalition hosted a public meeting with top EPA officials, who were impressed by the packed room and powerful stories from people suffering from the effects of the plant’s air pollution. Thanks to the coalition’s work highlighting the issues at Valley, the EPA secured a commitment from We Energies, which owns the plant, to reduce the plant’s SO2 pollution tenfold. That’s great See “Why We Fight,” page 6
Attacks on clean energy
Clean Wisconsin 634 W. Main St., #300 Madison, WI 53703-2500
By Katy Walter, Clean Energy Specialist
We’ve noticed an alarming trend over the last few months in the state Legislature: A series of unrelated bills that, taken together, constitute a serious attack on Wisconsin’s clean energy laws. Individually, none of these measures would mean the end of clean energy in Wisconsin, but taken together, they have grave consequences. The challenge we face in the Capitol is to keep the focus on the big picture.
Wind
While some of our legislators are willing to sell out our natural resources for mining jobs, they continue to pursue policies that crush clean secSee “Attacks,” page 6
Taking Charge &
TAKING ACTION
Actions you can take for clean water, clean air and clean energy
Mining Bill: Keep putting the pressure on! It didn’t take long to realize that the Assembly Mining bill is an outright attempt to gut environmental protections to make it easier to build a mine in Wisconsin. Assembly Bill 426 is even worse than we expected – and it’s been revealed that it was written by and for Gogebic Tacnonite, the company wanting to dig an open pit mine in northern Wisconsin. The bill creates special rules and exemptions for mining companies, takes science out of the decision-making process, and takes away the voice of the people. Most importantly, it contains HUGE rollbacks to environmental laws that we rely on to keep our air and water clean. Please contact your legislator today to tell him or her that you oppose this bill! See more on page 9.
Tell Legislators to Oppose the Waterway Permit Bill While we were thankful that the huge outcry of opposition to the original bill led to significant changes, Clean Wisconsin remains opposed to the amended bill. Even with the changes, the DNR’s ability for meaningful review of water permits is cut and that is not something we can support. Wisconsin’s waterways should be protected for the enjoyment of all citizens, not just those who seek to develop them. Please contact your legislators and tell them to oppose Assembly Bill 421 and Senate Bill 326 (formerly Special Session Bill 24) as amended.
Tell Legislators to Oppose the Current Wetlands Bill Wetlands are an important part of the landscape: They provide flood protection, water purification, and habitat for much of Wisconsin’s wildlife. The current wetlands regulatory reform bills, AB 463 and SB 368, threaten our wetlands and all the benefits they offer. While there is some language we agree with in this bill, the crux of its content would significantly roll back current wetland protections if passed. We are disappointed that the authors did not make the changes we requested. The time to contact your legislators and ask them to oppose this bill is NOW!
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 legislature and by 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 Accounting Manager Mary Coughlan Staff Scientist Tyson Cook Membership Coordinator Jenny Lynes Water Program Director Melissa Malott Grants Manager Tracy Marks-Geib Director of Programs & Government Relations Amber Meyer Smith Water Resources Specialist Ezra Meyer
Help Us Spread the Word in Your Area Is there an environmental issue in Wisconsin that you want others to know about? In 2011, Clean Wisconsin began teaming up with members around the state to host small, intimate events for their friends and neighbors on the issues they are most concerned with in their area. The events are a great opportunity to introduce the work of Clean Wisconsin on the issue of the member’s choice. This October, Madison-area members Glenn Reinl and Sara Krebsbach hosted an event where neighbors came to hear a speaker and participate in informal discussion about what is being done to protect Dane County’s lakes. Thank you to Glenn and Sara for opening your home and hosting a great first event! If this is something you are interested in, please contact development director Becky Bains at 608-251-7020 ext. 17.
save the date
General Counsel Katie Nekola Senior Policy Director Keith Reopelle Midwest Clean Energy Coordinator Sarah Shanahan Chief Financial Officer Roger Sneath Clean Energy Specialist Katy Walter Creative Director Amanda Wegner
The Clean Wisconsin auction is scheduled for July 2012!
Communications Director Sam Weis
Sign up for Action Network to receive updates. Have an auction item you’d like to donate? Contact Jenny Lynes at jlynes@cleanwisconsin.org or 608-251-7020, ext. 18.
Staff Attorney Elizabeth Wheeler Office Administrator David Vitse
BOARD Chair Carl Sinderbrand, Madison Vice Chair Margi Kindig, Madison Treasurer Gof Thomson, New Glarus Secretary Gary Goyke, Madison
Visit our blog at blog.cleanwisconsin.org, your one-stop shop for news, analysis and commentary on Wisconsin’s environment. 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 42, No. 1 Issue date: January 2012 ©2012 Clean Wisconsin. All rights reserved. ISSN # 1549-8107
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Printed with soy ink on unbleached, recycled paper.
Belle Bergner, Milwaukee Phyllis Dube, McFarland Sue Durst, Verona Shari Eggleson, Washburn Luke Fairborn, Whitefish Bay Scott Froehlke, Montello Paul Linzmeyer, Green Bay Chuck McGinnis, Middleton Lucia Petrie, Milwaukee Board Emeritus Kate Gordon, Washington, D.C.
Winter 2012
The Great Lakes Compact’s First Big Test
Evaluating Waukesha’s diversion request By Ezra Meyer, Water Resources Specialist
The first big test of the Great Lakes Compact is underway. Later this winter, the Wisconsin DNR plans to release its draft decision on Waukesha’s application to divert water from Lake Michigan. This is the first proposal to divert water outside the Great Lakes Basin since the historic passage of the Great Lakes Compact in 2008. Waukesha’s application will set a precedent for future diversion applications, which is why it’s so important that we evaluate and participate in this process. To be approved under the Compact, Waukesha must demonstrate: • It has a valid need for Great Lakes water by proving that other available water supply alternatives are inadequate or unreasonable. The Compact requires that this analysis include commonsense water conservation and efficiency measures. • It has implemented required water conservation and efficiency measures and that the amount of water the city proposes to divert from Lake Michigan accounts for the water savings those measures will yield. • That Waukesha returns virtually all the water it would remove from Lake Michigan. Specifically, the city must show it would maximize the amount of Great Lakes water it would return to the Basin and minimize the amount of water it would return that originates outside the Basin. • That the treated water the city would return to the Great Lakes Basin would meet applicable water quality standards for nutrients and other harmful chemicals and pollutants. • How its return flow plans would preserve the physical, biological and chemical integrity of these waters. Waukesha’s preferred alternative for meeting the Great Lakes Compact’s return flow requirements is to return treated water to Lake Michigan via Underwood Creek, which flows into the Menomonee River, running through Wauwatosa and Milwaukee and into the lake at Milwaukee’s Harbor. • That the city’s return flow proposal has been compared against alternatives. • Its proposed diversion will not endanger the integrity of the Great Lakes Basin ecosystem or result in any significant adverse environmental impacts or cumulative impacts to its quantity or quality. Wisconsinites and our allies around the Great Lakes region made sure that the Compact set a high bar for diversion requests like Waukesha’s. Waukesha, the DNR, and all of us as concerned citizens have our work cut out for us in ensuring that this public decision-making process is done properly to ensure the protection of our Great Lakes. Clean Wisconsin will continue to evaluate Waukesha’s proposal against the requirements of the Great Lakes Compact. We will share that analysis with you as the process proceeds, and we will notify you of opportunities to share your thoughts and concerns about Waukesha’s proposal through the DNR’s public comment opportunities. Your next chance will come yet this winter, so stay tuned.
from the
Executive Director With recall elections, seemingly endless special legislative sessions, and fast-paced attempts to roll back environmental protections, we’re living in very tumultuous political times in Wisconsin. Clean Wisconsin’s job as your environmental voice is more important than ever, and I am happy to report that our organization is well equipped to protect Wisconsin’s clean air and water, even in these turbulent times. There’s no way to sugarcoat it: The last year Mark Redsten has been a challenging one. With an onslaught Executive Director of attempts to roll back water quality standards, eliminate the state’s recycling program, effectively ban renewable wind energy, weaken mining legislation and more, it can be difficult to even keep track of the threats to Wisconsin’s environment. Luckily, with your help we have built an organization that excels at identifying these threats and effectively fighting against them. Thanks to our strong legal and science departments, we are able to quickly and thoroughly analyze legislative proposals and alert legislators, the media, and the public about the environmental consequences of those proposals. Coupled with our strong presence in the Capitol and effective communications department, this ensures that no attempt to roll back environmental protections goes unnoticed. Once a spotlight is placed on these environmental rollbacks, we have learned that we can count on you, our committed members, to take action and contact our leaders. With your support, we helped save Wisconsin’s recycling program, defeat rules to effectively ban wind energy in the state, and block attempts to roll back water quality standards in 2011. In 2012, we will continue the fight to protect Wisconsin from environmentally destructive mining; work to advance energy efficiency and clean energy policies; and continue our important work cleaning up inland waters and protecting the Great Lakes. In more than four decades of environmental advocacy, we have learned that protecting Wisconsin’s environment requires both immediate actions and a long-term perspective. With this recognition, we have built an organization that is able to react quickly if needed, but one that never forgets the importance of strong relationships with legislators on both sides of the political aisle, or of solid scientific and legal expertise to underpin our work and give our organization the credibility it needs to be an effective voice for Wisconsin’s environment. Thank you for making all of this important work possible through your continued support.
Planned Giving
for a clean Wisconsin
April 1970, the birthdate of Earth Day, is a significant month for those who love the Earth. It has even more significance to those who love Clean Wisconsin. In April 1970, Doug La Follette had the foresight to create an organization dedicated to protecting Wisconsin. More than 40 years later and with the same foresight, Doug helped create Clean Wisconsin’s endowment fund with a $100,000 gift. Thank you, Doug La Follette, for your vision and dedication; Wisconsin would not be the place we love without you. While our work isn’t always popular or easy, Clean Wisconsin protects Wisconsin’s water and air and is driven by our mission to protect the special places that make Wisconsin such a wonderful place. By including Clean Wisconsin in your estate planning or making a significant contribution to our endowment fund today, your gift will span generations, ensuring a clean Wisconsin long after your lifetime. Whether you think of yourself as rich, poor or somewhere in between, your gift makes a difference; even a small amount has a big impact over time. Gift planning can take many forms, such as including Clean Wisconsin in your will or a beneficiary of your IRA. Contact your financial advisor or Becky Bains at 608-251-7020 ext. 17 or bbains@cleanwisconsin.org for more information.
www.cleanwisconsin.org 3
Clean Wisconsin’s
Legislative update Our environmental priorities, at work in the Capitol By Amber Meyer Smith, Director of Programs and Government Relations
The two-year legislative session ends in March this year, so now is crunch time in the Capitol. All the major bills that we have been watching for are here and being acted on quickly in the Senate and Assembly, so our government relations team is working day and night to analyze legislation and help educate decision-makers and members on the environmental impacts. At the forefront of debate are bills to loosen regulations for mining, tie the hands of the DNR in issuing water permits, and alter protections for wetlands. Clean Wisconsin continues to fight against rollbacks and push for legislation that moves the ball forward for environmental protection. Environmental Rollbacks Mining Assembly Bill 426 represents one of the biggest environmental rollbacks we’ve ever seen. While the Senate has pledged to take a much more measured approach, we must keep pressure on both houses to kill this bill. As of this writing, a committee vote has been scheduled for January 24 and action by the full Assembly could happen January 26. MORE ON PAGE 9. Wetlands Introduced at the beginning of January, Assembly Bill 463 and Senate Bill 368 significantly change the way permits are issued for building in wetlands. We are disappointed that changes weren’t made to improve the wetland protection component of this bill. Clean Wisconsin opposes this bill, even as amended. Waterway Permits Many of you have taken action on Assembly Bill 421/Senate Bill 326 (formerly Special Session Bill 24) which makes getting a permit to place structures in waterways much easier. The opposition to the original bill was so strong that the authors have significantly amended the bill. While we still feel that they place too many restrictions on a thorough DNR review of applications and remain opposed to the bill, we are thankful for the positive changes that have been made. The bills are awaiting approval in both houses. What we’re doing to be proactive Focus on Energy Despite the loss of funding to the popular energy-saving program Focus on Energy in this session’s budget, we are working to get some of that funding restored. With a recent audit confirming the program’s effectiveness in saving ratepayers $2.30 for every $1 invested, a bill is currently circulating on this issue. MORE ON PAGE 5. Mercury Recycling Bills are being drafted to provide incentives for people to recycle their compact fluorescent lightbulbs and old thermostats that contain mercury. It doesn’t take much mercury to pollute a body of water, so we need to find ways to make it easy for people to recycle these products. Renewable Energy We continue to work for the introduction of a bill that would make it easier to use more renewable energy systems in Wisconsin, like manure digesters and solar panels, by making sure utilities are buying the energy they produce at a fair rate.
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Sign up for our Action Network & follow Clean Wisconsin on Facebook and Twitter for breaking news on legislative actions.
Stay informed on what’s happening in our state government
• Watch live and recorded 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 • Most importantly, join our Action Network! Find it online at www.cleanwisconsin.org. • Bookmark the Clean Wisconsin blog at blog.cleanwisconsin.org.
Under the Lens
Vent Smart Talking science with Tyson Cook, Staff Scientist
Now that we’re in the prime heating season, homeowners are looking for ways to maximize their energy use and money in their pockets. In this edition of Under the Lens, we examine one common practice and how it may not be as effective as you think: closing vents in unused rooms. Back in the day when homes were heated by wood or — gasp! — coal, closing off rooms was almost always a smart move. The heat for the house came from one centrally-located stove, and the goal was to keep as much of the heat as possible concentrated in specific areas. Today’s modern systems are different; while the heat is still generated in one spot (your furnace), it’s piped directly through your ducts to each room. Since there is usually only one system, or “zone,” in the house, blocking vents in one room
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Legislation will be moving fast in the next three months.
impacts how the entire system works. So what’s the problem with closing off vents? Since your heating system is designed to operate at a certain level, shutting down some pathways increases the air pressure in the ducts. This leads to more hot air being wasted, as it escapes through leaks in the system. As more vents are closed, the pressure gets higher and even more heat is wasted. (It’s also worth noting that if you close off a large number of vents and the pressure gets too high, your furnace can start to overheat – causing a safety concern, and potentially damaging your equipment.) What that means is that instead of saving on your heating bills, you could actually be using the same – if not more – energy than before. This may seem counterintuitive, even false, but research out of the Lawrence Berkeley National Laboratory backs it up. Here are energy-saving best practices for winter: 1. Install (and use) a programmable thermostat. When asleep or away from home, turning back your thermostat 10°–15° for eight hours can
save up to 10% a year on heating and cooling bills. 2. Replace your furnace’s air filter. A dirty filter restricts air flow, which forces your furnace to work harder and use more energy. 3. Have a professional fix leaks and insulate your duct system. According to the U.S. Department of Energy, typical systems lose 25-40% of the energy put out by a central furnace, heat pump, or air conditioner. 4. Open curtains on south-facing windows during the day to allow sunlight to heat your home, and close them at night to keep the heat in. 5. Turn down your water heater’s temperatue. Water heating can account for 14%-25% of the energy consumed in your home. 6. Speaking of hot water, insulate accessible hot water pipes, especially those close to your water heater. For tips, visit energysavers.gov and search “insulate hot water pipes.”
Winter 2012
Focused Findings
December Focus on Energy audit proves program’s value By Keith Reopelle, Senior Policy Director
Focus on Energy, the statewide energy efficiency program that helps residents and businesses lower energy bills, has been a political football the past year. In December 2010, the PSC and Legislature authorized a funding increase of $340 million over four years for the program. But in the spring of 2011, Governor Scott Walker and legislative leaders significantly cut funding to Focus on Energy. A legislative audit released in December demonstrates that the benefits of Focus on Energy more than double the costs of the program. Since its inception 12 years ago, over 2 million Wisconsin residents and businesses have participated in the program, which is one of the most successful of its kind in the nation, and legislators should act quickly to restore lost funding in order to maximize the cost-saving potential of the program. For every $1 invested in the program, Wisconsin residents and businesses save over $2 on their energy bills, according to the audit by the bipartisan Legislative Audit Bureau. This helped save over $264 million on energy bills in 2010 alone. Since its inception, Focus on Energy has helped residents and businesses save over $2 billion. That’s a lot of money and reason enough to increase investment in the program, but it’s not the only benefit: Focus on Energy is an economic driver for the state. By reducing the need for coalfired power plants, Focus on Energy helps improve
air quality and protect the health of our families. In fact, reduced power plant emissions resulted in over $17 million in environmental benefits in 2010, according to the audit. Additionally, Wisconsin currently spends $12.5 billion every year on imported electricity and dirty, out-of-state fossil fuels. Much of that money is spent on coal, oil and natural gas to generate electricity and heat our homes. Investing in energy efficiency is the No. 1 way we can reduce that amount and keep money circulating within our own economy. Finally, the audit acknowledges that Focus on Energy helps spur job creation and increase business sales. An earlier study estimated that the funding cut from the program would create 7,000 to 9,000 new jobs in Wisconsin. By voting to significantly cut funding for Focus on Energy last spring, legislators turned their backs on an opportunity to lower energy bills, reduce pollution, and spur job creation. With the
recent legislative audit in hand, they now have the opportunity to remedy this mistake. This week, legislators began circulating a bill that would restore the PSC’s ability to reinstate funding to Focus on Energy. This bill is the first step on the path toward lower energy bills, and it deserves the support of our leaders. By working to restore funding cut from Focus on Energy, our elected leaders can help residents and businesses save money, improve the quality of our environment and create more jobs. That’s something that deserves support from legislators on both sides of the aisle. Clean Wisconsin, and its partners, including many businesses that have grown and added jobs because of the Focus program, is actively working on this important issue. If you have questions or are interested in helping with this effort please contact Keith Reopelle at 608-251-7020 ext. 11 or Katy Walter at 608-251-7020 ext. 28.
By restoring funding cut from Focus on Energy, elected leaders can help residents and businesses save money, improve the quality of our environment, and create more jobs. That’s something that deserves support from legislators on both sides of the aisle.
Falling back
Funding cut a major blow to state economic, environmental research
By Keith Reopelle, Senior Policy Director
Wisconsin has become a national leader in researching the local impacts of global climate change and helping the state prepare for those impacts. That leadership position took a major blow on January 12, when the Public Service Commission substantially cut funds for the Economic and Environmental Research and Development (EERD) Fund. The EERD fund supports important research on a broad range of economic and environmental topics, including the Wisconsin Initiative on Climate Change Impacts (WICCI), a collaborative effort between the UW-Madison Nelson Institute for Environmental Studies and the DNR. WICCI studies and helps the state prepare for coming climatic changes and explores how those changes will affect our landscape and industries. Clean Wisconsin played a major and critical role in creating this fund. While we worked closely with former Governor Tommy Thompson, the Thompsonappointed PSC, and Republican legislative leaders, this legislation enjoyed strong bipartisan support. EERD and WICCI research has given Wisconsin a leg up on answering practical and important questions about what a warmer climate means for our state. What soil conservation practices
will be required to prevent a doubling of soil erosion rates Wisconsin farmers are likely to experience? What is the most cost-effective way to keep harbors and shipping lanes open under lower water levels? How should the DNR adapt management practices to compensate for, or reduce the loss of, more than 80 percent of the state’s stream habitat for walleye, brown trout and brook trout? Whether it is climate change or the more immediate economic challenges the state faces, there are many more questions than answers. WICCI has identified 25 key areas of ongoing research and focus areas related to climate change alone; and it would be easy to come up with at least as many areas of critical research to address barriers to economic development in the state. In our view, it is a terrible time to eliminate what was already an incredibly small R&D budget for to study the economic and environmental impacts of an industry as important as electric energy. We will work with the PSC and urge them to reconsider this decision as well as explore other options to replace this funding. If you are interested in helping, please contact Keith Reopelle, 608-251-7020 ext. 11.
www.cleanwisconsin.org 5
Clean Wisconsin is fighting on all fronts to make the case for clean energy.
Clean Wisconsin Builds Consensus
On greenhouse gas rules for power plants By Elizabeth Wheeler, Staff Attorney
Why We Fight, continued from cover for Milwaukee, which regularly receives failing grades from the American Lung Association for air quality, and is great news for those with breathing problems, as SO2 is a top cause of asthma.
Strengthening our foundation
It’s not always easy to see the connection between flipping on a light switch and changes in our climate, but burning coal and other fossil fuels to produce energy is by far the greatest source of climate change pollution. Climate is the foundation of our lives: Wisconsinites rely on a climate that lets us enjoy ice fishing and cross-country skiing in the winter and trout fishing and swimming in the summer. Our farmers rely on certain growing conditions and weather patterns. But changes in our climate pose challenges to our way of life and make tackling our largest sources of pollution an important endeavor. Will our children have clean air and clean water? Will we have natural resources for energy? Will Fighting for clean our farms be able to support crops? To answer “yes” to these questions, we need to reduce our energy isn’t always need for coal-fueled energy through energy ef- popular or easy, but ficiency and clean energy investments. we do it for some This could be good news for our economy. very important Despite the sagging economy, wind and solar reasons: our health, are two of the top 10 fastest-growing industries in the United States. By maximizing clean en- our environment and our future. ergy, we can reduce the amount of money sent out of state for fossil fuels and use it to create clean energy jobs here. Wisconsin has a rich and growing sector of businesses focused on clean energy, and there is enormous potential to produce energy from our agricultural and food waste. Clean Wisconsin fights on all fronts to make the case for clean energy. We’re engaging clean energy businesses to educate decision-makers, being a voice at the Public Service Commission, advocating for utilities to clean up their act, and filing legal challenges when all other measures have failed. Our energy issues will not change overnight. In the end, making the switch from dirty fossil fuel energy to clean, renewable energy means a future with energy security, cleaner air for us and our children to breathe, and cleaner water for us all to drink, fish in and swim in. We fight for clean energy for our health, environment and future, whatever it may bring.
Now that the EPA has found that global warming pollution endangers public health and welfare, it is required under law to regulate greenhouse gases from both mobile sources (cars and trucks) and stationary sources (power plants and industrial facilities). With your help, Clean Wisconsin has been building a strong consensus in the Midwest about how power plant regulations should be shaped to best benefit our region. The EPA is expected to issue draft regulations under the Clean Air Act that will require power plants to meet performance-based standards for global warming pollutants this winter. Clean Wisconsin has been working to ensure that the rules set clear standards to significantly reduce global warming pollution in a flexible, costeffective and equitable manner. In the spring of 2011, Clean Wisconsin worked with 47 other nonprofit PHOTO: Flickr.com/ CarlynAnnCrispell organizations around the Midwest to ask the EPA to include the following principles in this program: • Require clear standards that achieve substantial pollution reductions; • Give the industry the flexibility to meet the required reductions in a cost-effective manner; • Work with existing voluntary programs such as the Midwest Greenhouse Gas Reduction Accord, Regional Greenhouse Gas Initiative (the Northeast region) and the Western Climate Initiative; • Design the program to ensure that children, the elderly, low-income and minority populations are protected from detrimental environmental impacts of global warming, as well as direct and indirect increases in energy costs to the greatest extent possible. In addition to our work with the EPA, Clean Wisconsin has been working with other stakeholders, including other environmental, faith, health, business and agricultural groups, to build a consensus about what the global warming pollution rule should look like in order to achieve the greatest benefits for our common interests. This work includes bringing the regulated utilities to the table to share ideas and gain support for a strong program that will deliver environmental results necessary while meeting our region’s electricity demands. We won’t know what the EPA rule will look like for a few months, but if it includes the principles we have been advocating for, we believe that regulating this pollution can and will result in a net economic benefit, address the needs of all stakeholders, and begin to abate global warming.
Attacks, continued from cover tor jobs. That includes wind, a working industry in Wisconsin. In early 2011, legislators put statewide permitting standards for wind farms on hold, throwing the wind industry into a state of uncertainty that stopped a number of projects, and caused hundreds of people in the construction industry to lose their jobs. In a recent Capital Times article, a representative from Michaels Corporation, a Wisconsin-based company, said the company is building projects in states as far away as Alaska but is more than ready to bid on projects closer to home. Hopefully, Michaels will get its wish; if legislators don’t enact new rules by April, the statewide standards Clean Wisconsin helped develop go back into effect.
Focus on Energy
Wisconsin has been a leader in delivering energy savings to homeowners, businesses and their pocketbooks, thanks to our successful statewide program, Focus on Energy. Studies show that we’ve only scratched the surface, but during this last spring’s budget debate, $320 million was cut from the program, despite the fact that it is not state-funded and had nothing to do with balancing the budget. This cut has real impacts on jobs and energy bills as hundreds of small businesses work with Focus on Energy, keeping money in local communities. Interestingly, recent audit results clearly show that increasing investments in Focus on Energy will lower energy bills and help homeowners and businesses save money. (See page 5.) We hope our leaders take advantage of this opportunity and are working with our allies to make it a reality. 6
Importing Canadian energy
In 2006, Clean Wisconsin helped pass a Renewable Electricity Standard (RES), which states Wisconsin must get 10 percent of its energy from renewable sources by 2015. While most Wisconsin utilities are on track to meet this requirement, a new law was passed last July that allows hydroelectricity imported from Canada to count toward the standard. Instead of expanding renewable energy in Wisconsin, this law exports jobs to Canada. Wisconsin’s current RES allows utilities to build extra renewable energy projects now and bank the credits for four years. This provision gives utilities the flexibility to meet the law, but also helps encourage new renewable energy development by preventing a large number of credits from being held for future years. AB 146 is moving in the Legislature, which would allow utilities to bank credits for eight years, making it likely that few new large projects will be built in the future. The distinction between four and eight years may not seem significant, but eight years substantially waters down the standard, putting Wisconsin far out of line from any other Midwestern state and disadvantaging us in the regional marketplace. Clean energy’s economic benefits cannot be understated. Our legislators’ actions are shortsighted, entrench our reliance on expensive, out-of-state fossil fuels, and ensure that other states reap the economic benefits. We applaud those legislators who have stood up to these attacks and this spring, we’re defending our existing commitments to clean energy and working on policies that give clean technologies a fighting chance. Winter 2012
Clean Wisconsin works with clean energy businesses to illustrate how new clean energy sources can save money, reduce pollution, and ensure that our climate allows Wisconsin to continue to be a home for industry. Dave’s Brew Farm is just one example of how being a steward of the environment can benefit a business’s bottom line.
Welcome to the LaBrewatory At Dave’s Brew Farm, clean energy & energy efficiency are key ingredients By Sarah Witman, Communications Intern
Up on a high ridge of land tucked away in St. Croix County, Dave’s Brew Farm is using sustainable methods to carry on a Wisconsin tradition. The owner, David Anderson, spent nearly a full year planning the energy infrastructure for the brew farm, which is powered exclusively by wind.
affect consumers of beer most directly. “If they don’t have a stable climate, yields will be affected,” he says. “And prices will go up, which nobody likes to see.”
Meet Jake
Dave’s Brew Farm takes the term “homegrown” to a new level; Anderson harvests some of his own ingredients for the beer and locally sources a few others. Drinkers find that the taste of the beer turns out to be as unique as its origins. And they can sip happily knowing their is emission-free brew. “I do a number of my own beers with wildflowers and some of the herbs and vegetables, fruits that grow around here. [People] like the whole package,” he says. “I don’t get a whole lot of hop production … I do brew some fresh hop beers in the fall, but that’s pretty much it.” At Dave’s Brew Farm, the sight of Jake generally garners positive responses and curiosity from weekend visitors. Whether or not they consider themselves environmentalists, the beer enthusiasts often come away from the experience with a newfound interest in the technology. “It’s kind of like a big billboard … Definitely an easy way to talk to people about renewables,” Anderson says. “I think it’s beautiful to see.”
Truly local
Anderson makes energy efficiency and conservation a priority in his business; the brewery generates its own electricity via a 20-kilowatt wind turbine, nicknamed “Jake” after its Jacob 3120 model number. “Renewable energy sources minimize our impact on the environment,” he says. “We’re trying to be good stewards of the planet — that’s the way I approached it.” The local geography was a significant consideration during construction, because Anderson needed to ensure the land would provide ample wind resources for Jake’s needs. “[It] doesn’t do any good to put up a wind generator unless you have the resources for it,” he says, speaking in terms of the site’s wind availability factor. “We’ve been able to capitalize on the location of the Brew Farm.” In addition to the turbine, the plan included details for the brewery’s geothermal heating system, which is buried deep underground. The two technologies, wind and geothermal, work well together to keep utility costs down; Dave’s Brew Farm only spent $320 on power last year. Anderson expects an eight- to 10-year payback from the turbine alone. “We’re producing our own electricity, and the geothermal is electric powered. It’s a fuel source where you’re not burning anything exclusively for producing our own electricity,” he says. “There’s a compressor that either heats up water for heating or cools it off for air conditioning.” The sustainable Brew Farm went fully operational Feb. 12, 2009, an achievement which Anderson credits to a number of federal grants and support from the statewide program Focus on Energy. In total, it cost between $500,000 and $600,000 to make Dave’s Brew Farm a reality. Anderson says a personal fascination with wind turbines was his motivation for the project, something he gained during his past international travels. “When developing the brewery, I traveled to Europe quite a bit, Belgium and other big beer places a few times a year,” he says. “I saw how many wind farms they have there and loved the way it decreased the need for burning fossil fuels.” Although the homegrown offerings concocted in Dave’s self-proclaimed “LaBrewatory” are innovative, maybe even unique, he says he is not the only start-up brewer looking to lessen his impact on the environment. “If you dig deep into different breweries like Sierra Nevada, New Belgium, Stone [brewing companies], they all are implementing solar technology, biodigesters. Here in Wisconsin, Central Waters [Brewing Company] has a sizeable solar panel array they use for heating their water.” Such practices can offer protection to the most vital aspects of the beer brewing industry: water, barley and hops. “Breweries really need to take care of water because that’s the primary ingredient in beer, and to be able to maximize efficiency is in most brewers’ best interest,” he explains. “Things like hop and barley production; those are definitely things that can be impacted and have been impacted by certain climate regions of the planet that do grow hops and barley.” Anderson feels that these aspects of climate change are the ones that can
PHOTO: Courtesy of Dave’s Brew Farm
Beer dreams
www.cleanwisconsin.org 7
Watching our Wetlands
Clean Wisconsin intervenes in CapX2020 transmission project By Katie Nekola, General Counsel
Clean Wisconsin has intervened in the controversial CapX2020 transmission line proceeding, scheduled to go to hearing early in March. This case deals with a 40- to 50-mile stretch of high-voltage transmission line which would cross the Mississippi River near Alma and run southward to a proposed new substation at Holmen, near La Crosse. This segment of transmission line would connect the Minnesota CapX2020 project with ATC’s anticipated La Crosse to Madison line, known as Badger Coulee. The CapX project has gained much opposition in the La Crosse area, and the Badger Coulee line is expected to be equally controversial. These transmission lines have been named “multi-value projects” because they are said to offer regional benefits; in fact, some environmental groups support these projects because they believe that they will enable more wind power to be transported from the Great Plains. Regardless, it is clear that this section of the project requires very careful consideration as there are many high-quality wetlands and other environ-
mentally sensitive natural resources in the proposed area. There are nine alternative routes proposed, some of which would be built through internationally significant bird migration corridors and wetlands. One alternative route, along the Great River Road, is opposed by the Wisconsin Department of Transportation. The U.S. Fish and Wildlife Service has already vetoed one alternative river crossing and requested that an underground alternative be investigated. The DNR has suggested routing that avoids crossing the Black River bottomlands and the Van Loon State Wildlife Area. Other intervenors will examine whether the project is needed, and whether its projected cost is reasonable. Clean Wisconsin is working closely with expert consultants and the Wisconsin Wetlands Association to identify areas of environmental concern. We will keep you updated as these important cases unfold. If you would like more information, contact Katie Nekola at 608-251-7020 ext. 14.
Badger Coulee Transmission Line Options & Natural Resources in the Project Area
profile of Legislative Leadership
Map: Public Service Commission of Wisconsin
8
Senator
Chris Larson By Amber Meyer Smith, Director of Programs & Government Relations
7th Senate District, Milwaukee office phone: 608-266-7505 Sen.Larson@legis.wisconsin.gov
In his first year in office, State Sen. Chris Larson (D-Milwaukee) has placed an important emphasis on environmental stewardship. Coming from the Milwaukee County Board where he served on the Energy and Environment Committee and fought for parks and transit funding, Larson has a keen interest in state policies that protect our air and water and promote clean energy as a key component of economic growth. Larson is a Clean Wisconsin member and sits on the Senate’s Natural Resources Committee, where he has been a leading voice in questioning many of the environmental rollbacks we have seen this session. “Wisconsin has a long tradition of protecting our natural resources, as they are not just a part of our landscape, but a part of who we are as stewards of this great state,” Larson says. “We should be working to pass legislation that protects the health of our families, communities and businesses rather than undoing what safeguards Wisconsin’s precious lands and valuable natural resources for today and tomorrow.” After seeing recycling funds gutted in the state budget this year, Larson immediately authored the Recycling Fund Restoration Act to reverse
those ill-conceived cuts. “The recent reduction in funding for recycling programs in the state amounts to an endorsement of overflowing and unsustainable landfills,” says Larson. “This bill will encourage responsible long-term management of waste in Wisconsin, and the benefits from this effort will be felt for generations.” Larson has also authored legislation that encourages providing children with outdoor experiences to combat ‘Nature Deficit Disorder;’ legislation to update laws on lead acid battery recycling; and has been a leader in promoting mass transit to help reduce fossil fuel pollution. Larson will continue to look for opportunities to promote clean energy for Wisconsin. He wholeheartedly believes we need to find ways to stop sending $12.5 billion out of state for our energy needs and instead keep that money in our own economy. Clean Wisconsin looks forward to working with Larson to advance policies that enhance our natural resources and that strategically place Wisconsin to take advantage of the economic opportunities that a healthy environment presents. Winter 2012
Shortly after it was unveiled in December, Clean Wisconsin discovered that the Assembly Mining Bill (AB 426) would likely create a conflict with the Great Lakes Compact, a historic agreement between eight Great Lakes States and two Canadian Provinces to protect the water in the Great Lakes. Under the Compact, the DNR is not allowed to issue a permit if the agency finds there would be significant environmental harm. AB 426 says DNR would have to issue a water withdrawal permit if the “public benefits” of a mine outweigh the environmental harm. Gogebic Taconite’s proposed iron mine would use as much as 41 million gallons of water each day according to estimates – more than the daily water use for the entire city of Madison. The use of such large quantities of water could lower water levels in nearby lakes, as well as rivers and streams that flow into Lake Superior.
Thank you for your continued support. As of this writing, a committee vote has been scheduled for January 24 and action by the full Assembly could happen January 26. Watch Facebook, Twitter and our Action Network to lend your voice to the fight to stop this dangerous bill.
PHOTO: Pete Rasmussen
Mining & the Great Lakes Compact
Mining Bill, Take 2 AB 426 laden with problem provisions
When the Assembly Jobs Committee introOur message began to resonate. "It's almost as duced a new iron mining bill, AB 426, in Deif children replaced Republican legislators and cember, Clean Wisconsin’s government reladared each other to see just how outrageous they tions, legal and science departments sprang to could make this bill." That’s how the Milwauaction to do an in-depth analysis of the new bill. kee Journal Sentinel Editorial Board characterWhat we found is scary. The 183-page bill is ized the mining bill in an editorial the day after filled with dangerous proviClean Wisconsin staff met Our message began to resonate. sions that roll back environwith one of its members to mental protections, silence share our analysis. "It's almost as if children the public, and eliminate ac- replaced Republican legislators At a public hearing held countability for mining corin West Allis on December and dared each other to see 14, opponents of the bill porations. See the “Facts” just how outrageous they section below. outnumbered supporters 2 could make this bill." With the in-depth analysis to 1. At a second hearing in of the bill in hand, Clean Hurley, even supporters of Wisconsin’s government rethe mine expressed concerns lations department and communications team about provisions of AB 426. quickly went to work educating legislators and Clean Wisconsin has had many successes in the media about the terrible environmental conthe campaign to stop the Assembly Mining Bill, sequences this bill would have. Our staff membut the fight is far from over. Successfully defeatbers spent long hours meeting with legislators in ing this legislation will require many more weeks the Capitol, calling reporters and meeting with of passionate work opposing this bill and the editors. continued support of you, our members.
Iron Mining Bill: Facts on AB 426 Silences the voice of the public
• Removes citizens’ right to sue for illegal environmental damage by a mine.
• Removes all contested case hearings, which provide the only opportunity to challenge data and question mining officials on the record.
• Only one required public hearing for the entire mining project, current law requires a minimum of three.
• Directs half of all mining tax revenues to the state, rather than to local governments for their investments in local infrastructure.
Rolls back commonsense environmental protections
This bill includes a legislative finding that states it is “probable that mining these deposits will result in adverse impacts” to our natural resources, and those impacts are “presumed to be necessary.”
• Allows mining corporations to dump toxic mine waste into sensitive wetlands and floodplains. • Allows mining corporations to contaminate the groundwater of neighboring properties. • Allows mining corporations to draw down water levels from rivers, lakes, streams and groundwater without consequence. • The Gogebic Taconite mining project could use as much as 41 million gallons of water each day, more than the daily water use of the entire city of Madison. • Allows DNR to provide an exemption for a mining corporation from any requirements it sees fit.
Eliminates accountability & scientific decisions for mine permits
• Requires DNR to issue a permit for a mine’s water withdrawals even if a company can’t protect the public, waterfront owners and the environment from damage, if the DNR determines that the public benefits of a mine “exceed any injury to public rights.” • Instead of requiring mines to comply with all rules on air, groundwater, surface water, and solid and hazardous waste management; the bill merely requires the company to be “committed” to complying with those laws. • Changes the standard for protecting public health, safety and welfare from the protective “will not” cause harm to the subjective “is not likely” to cause harm. • Requires the DNR to allow mining waste to be placed in areas even where it is has determined that there is a “reasonable probability that the waste will result in a violation of surface water or groundwater quality standards.”
See all the facts at www.cleanwisconsin.org/miningfacts
www.cleanwisconsin.org 9
Connecting the Dots Jobs & the environment in Milwaukee County The following is a recap of Dr. Henry S. Cole’s presentation on October 20, 2011 by Doug La Follette, co-founder, Clean Wisconsin Environmental and economic crises Today, we face serious economic
and environmental crises; 25 million Americans are either unemployed, underemployed or have given up. Seniors have seen retirement funds shrivel while the Congressional leaders call for cuts in Social Security and Medicare, hundreds of thousands of public employees have been laid off, and government funding for education and aid to the poor have been slashed. On the environmental front, mining, logging and monoculture agriculture destroys critical ecosystems, harms public health and devastates local economies. Thousands of species go extinct each year, and many more are threatened. Agricultural runoff in the Mississippi Valley causes a growing dead zone in the Gulf of Mexico. Globally, increased carbon emissions are heating up the atmosphere, increasing the frequency and severity of extreme weather events and acidifying the oceans. Unfortunately, powerful corporate interests and their political allies have broadcast the message that job creation requires big environmental and financial rollbacks and that government has no role in shaping economic solutions. Though the rhetoric may persuade those desperate for jobs, the logic is wrong. Our economic future depends on investments and government incentives that spur environmentally sustainable economic development.
Milwaukee does both In Milwaukee entrepreneurs, government and
Clean Wisconsin’s 2nd Annual Doug La Follette Speaker Series featured Henry S. Cole, Ph.D., on October 20, 2011 at Helios Solar Works, Milwaukee The Second Doug La Follette Speakers Program helped“Paint the Cream City Green” Thank you to all those who attended the second Doug La Follette Speakers Program. Find future events at cleanwisconsin.org/speakers
communities have worked together to develop ventures and programs that provide jobs and benefit the environment. The lecture’s venue, Helios Solar Works, located in Milwaukee’s Menomonee Valley, makes the point.
The Menomonee Valley Redevelopment Project Over the past decade, organizations here have turned a 1,300-acre industrial graveyard into a growing economically and environmentally sustainable redevelopment area. These examples from Milwaukee demonstrate that economic development, job creation and increased environmental sustainability can go hand in hand. The mutual benefits are especially pronounced when development mimics the natural traits that contribute to the vibrancy, resilience and longevity of ecosystems, including reliance on decentralized renewable energy, efficient use of resources, maximum recycling, localism, ground-up development, investment in restoration and infrastructure, diversity and a robust interplay of competition and cooperation. All this will require a change in the current flawed paradigm which maintains that sacrificing the environment is a prerequisite for a prosperity. With millions of jobless Americans, it’s time to invest in sustainable development and environmental restoration.
From left: Dr. Henry S. Cole and Doug La Follette chat with an emploiyee of Helios Solar Works.
Picking up the Slack
Like the phosphorus rule, collaboration is key to combatting cuts to agencies and programs By Melissa Malott, Water Program Director
On a clear, cold night in late October, I found myself speeding up a tree-lined hill just outside Glen Ellen, California. Within minutes, I’d arrived at Jack London State Park. I’d expected to see it shuttered. Jack London State Park is an icon of budget cuts gone wild, according to one of my favorite political writers, Timothy Egan. In an editorial in June, Egan identified the recent cuts to natural and public resources as “the death of American life by a thousand cuts” while he laments “our heritage — in the natural world and in preservation of the stories and people who came before us — is being erased.” While Egan was specifically talking about the park system, his words hold weight for state natural resources agencies. Like many states, Wisconsin agencies that protect natural resources are chronically lacking in staff and resources. This isn’t a new problem, but one created over the last decade. Our DNR’s water program was cut significantly in the last decade, leaving the program without enough staff to create water quality standards, draft and review permits, and monitor and enforce existing laws. The DNR has streamlined programs and processes to such a point that the EPA outlined 75 deficiencies in our water pollution permitting program in a letter last year.
What’s more is that the Department of Agriculture, Trade, and Consumer Protection has proposed devastating cuts to local conservation programs. County conservation officials know their county’s landscape, where problems exist, the people involved, and the details of pollution
staff who will monitor it. Just like a car engine needs an adequate amount of oil to run, so do government agencies and programs need adequate staff. Currently, our state agencies and programs are operating at significantly diminished capacity, and our environment and public health bears the brunt of this problem. Environmental advocates and citizen groups are taking on some of the roles of government agencies, including monitoring and enforcement, staff education, helping create regulations, and lobbying for increased agency funding. Because we’re able to fill some of the roles, we’re a good investment. However, environmental and citizen groups have limited capacity, and when they spend time filling government roles, they aren’t able to spend time pushing forward. These groups played an important role in the passage of the Clean Water Act and other environmental protection laws; would this have happened if these groups were tied up filling government roles? Moreover, government is often best suited to play the regulator, as it has regulatory power and the most efficient access to science. Government plays an important role in protecting our environment and public health, and must be adequately funded to do so.
Necessity, they say, is the mother of invention. problems. Where local oversight is often most appropriate in finding solutions to water pollution problems, such as whether to enforce regulations or provide cost-share to a cash-strapped farmer, funds are being cut to take out the grant programs that support local officials. Necessity, they say, is the mother of invention. Facing these lacking resources, environmental and citizen groups often pick up the slack and through collaborative efforts, bring new science, information or thinking to agencies. An example of this is DNR’s phosphorus water quality standard process; environmental groups worked with agency staff and the regulated community to create an innovative rule that allows permittees to find cost-effective solutions to restore water quality. While this rule is attractive to the regulated community because it will save permit holders billions of dollars, it comes with serious responsibilities for those permit holders and the DNR
www.cleanwisconsin.org 11
we believe
Wisconsin needs safe, protective mining laws for clean air and water
Looking at Bass Lake from Marengo, Ashland County Photo by Pete Rasmussen
Wisconsin’s Northwoods is under attack. Out-of-state businesses rewriting our mining laws is a problem. As your voice for the environment in the Capitol, Clean Wisconsin has the expertise, relationships and political and media savvy to provide a solution. Since the start, your support has been critical to helping Clean Wisconsin be a strong voice in this important fight. With a bad bill up for a vote, we need your voice and support even more.
join us:
join us:
To support this work, visit www.cleanwisconsin.org/safemininglaws