Defender Fall 2016

Defender ENOUGH IS ENOUGH Clean Wisconsin stands up to high-capacity well proliferation

By Jonathan Drewsen, Communications Associate

Fall 2016 join us:

Wisconsinites have watched as the waters across the state have been devastated by a lack of responsible management by the agency charged to protect them.

A recent string of high capacity well permit approvals in the already strained Central Sands region has exacerbated the problem.

This fall, Clean Wisconsin said “enough is enough.”

In October our legal team, headed by Carl Sinderbrand and Katie Nekola, filed nine lawsuits challenging the Wisconsin Department of Natural Resources’ (DNR) granting of high-capacity well permits, mainly in the Central Sands region. The DNR’s failure to review the cumulative impacts of high capacity wells, including their impacts on nearby waterways, violates the agency’s constitutional obligation to protect the natural resources entrusted to the agency by the citizens of Wisconsin.

“The proliferation of high capacity wells around the state is draining lakes, threatening outstanding and exceptional resource waters, and impacting private wells,” said Katie Nekola, General Counsel for Clean Wisconsin. “The DNR’s refusal to consider cumulative impacts violates the agency’s Constitutional mandate to manage lakes, rivers, and streams as public resources owned in common by all Wisconsin citizens.”

These lawsuits are the result of an issue that has for years seen building tensions between the diminishing legal authority of the DNR and their constitutional duty to protect the state’s water resources.

FLAWED OPINION In 2011 the Wisconsin Supreme Court ruled the DNR has a duty to protect public waterways. The state high court said the agency must consider the harmful impacts a high capacity well might have on water bodies before it grants a permit. Right around that same time Republicans in the legislature passed Wisconsin Act 21, which prohibits state agencies from enforcing rules or protections that aren’t specifically spelled-out in state law.

In June, 2016, Republican Attorney General Brad Schimel continued on page 4

GROUNDWATER

VICTORY

By Elizabeth Wheeler, Senior Staff Attorney

Clean Wisconsin and Midwest Environmental Advocates in July celebrated a court victory protecting groundwater in Kewaunee County.

In response to our challenge, Dane County Circuit Court Judge John Markson ordered the Wisconsin Department of Natural Resources (DNR) to require one of the state’s largest dairies to install groundwater monitoring equipment and limit the number of cattle kept on the farm. Both requirements are aimed at protecting groundwater.

Kewaunee County’s Kinnard Farms is one of the largest confined animal feeding operations (CAFO) in the state. For years, groundwater contamination has plagued the county,

PHOTO: Kate Golden/Wisconsin Center for Investigative Journalism

Clean Wisconsin 634 W. Main St., #300 Madison, WI 53703-2500

Nonprofit Org U.S. Postage PAID Permit No. 1291 Madison, WI

Court orders DNR to monitor in Kewaunee County

Also in this issue

continued on page 5

Pharmaceutical Take Back in Milwaukee | Epicurean Evening Madison

&Events

News, Notes

SHARE YOUR STORY WITH CLEAN WISCONSIN

We can’t protect Wisconsin’s environment without you. We want to know why you care enough to support us. Did you learn your conservation ethic from your grandparents? Do you take a daily hike through the woods near your home? Are you worried about the impacts of climate change? We want to learn about the places you love in Wisconsin, why they’re worth protecting, and why you support us. To share your story, contact John at 608-251-7020 x15 or jadams@cleanwisconsin.org. Thank you again for supporting our work!

BECOME A SUSTAINING DONOR

Sustaining donations are our favorite kind of gift because they’re convenient for you and Clean Wisconsin. When you become a Sustaining Donor, it reduces paper and postage costs, divides your generous contribution into manageable monthly or quarterly payments, and provides Clean Wisconsin with a reliable stream of financial support. This means we can focus more on our work to protect Wisconsin’s air and water and less on fundraising. For more information, contact Sarah at sbewitz@cleanwisconsin.org or set up your Sustaining donation online at www.cleanwisconsin.org/donate.

LEAVE A LEGACY WITH A PLANNED GIFT

Be a steward of Wisconsin’s air, water, and the places you love for generations to come by making a planned gift to Clean Wisconsin!

We hope you’ll consider naming Clean Wisconsin as a beneficiary of your will or estate plan. There are many easy ways this can be done. These gifts don’t have to be large or complex, but they have huge impact. Anyone can leave a legacy.

If you have already named Clean Wisconsin in your plan, please let us know. If you have any questions about leaving a legacy, contact Development Director Angela Cao at 608-251-7020 x17 or acao@cleanwisconsin.org.

634 W. Main St., #300 • Madison WI 53703 Phone: 608-251-7020 www.cleanwisconsin.org

Clean Wisconsin protects and preserves Wisconsin’s clean water, air, and natural heritage.

On behalf of our more than 30,000 members, supporters, and coalition partners, we have been your leading voice for Wisconsin’s environment since 1970.

STAFF President & CEO

Mark Redsten Director of Communications

John Adams Development Associate

Sarah Bewitz Development Director

Angela Cao Director of Science & Research

Tyson Cook Chief Financial Officer

Nick Curran, CPA Communications Associate

Jonathan Drewsen Organizing Hub Co-Director

Melissa Gavin Water Quality Specialist

Scott Laeser Staff Scientist

Paul Mathewson Director of Programs & Government Relations

Amber Meyer Smith Water Resources Specialist

Ezra Meyer

Please Give Generously this holiday season

General Counsel

Katie Nekola Staff Attorney & Climate Resilience Project Manager

Pam Ritger Senior Policy Director

Keith Reopelle Grant & Foundations Manager

Ella Schwierske

Your support is critical to protect Wisconsin’s air, water, and natural heritage

Midwest Clean Energy Coordinator

Sarah Shanahan

BOARD

Stay informed on what’s happening in our state government

• Join our Action Network at cleanwisconsin.org • 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 using the interactive map at http://maps.legis.wisconsin.gov/

The Defender is owned and published quarterly by Clean Wisconsin 634 W. Main St., #300, Madison, WI 53703 608-251-7020, info@cleanwisconsin.org A one-year subscription membership is $40. Please direct correspondence to the address above.

Volume 46, No. 4 Issue date: November 2016 ©2016 Clean Wisconsin. All rights reserved.

ISSN # 1549-8107

2

Chair Liz Feder, Madison Vice Chair Karen Knetter, Madison Secretary Glenn Reinl, Madison Treasurer Gof Thomson, New Glarus Past Chair Carl Sinderbrand, Middleton Belle Bergner, Milwaukee Shari Eggleson, Washburn Elizabeth Feder, Madison Gary Goyke, Madison Andrew Hoyos, Edgerton Mark McGuire, Madison Arun Soni, Madison Board Emeritus Kate Gordon, San Francisco Board Emeritus Chuck McGinnis, Middleton

Printed with soy ink on unbleached, recycled paper.

Fall 2016

DANE COUNTY LANDFILL: AN INVESTMENT FOR OUR FUTURE Renewable electricity, bioCNG and carbon capture technologies combat climate change Guest article by Dane County Executive Joe Parisi

This past Earth Day, Clean Wisconsin’s Mark Redsten joined me across the street from one of the most environmentally innovative landfills in the nation as we celebrated the opening of the largest municipally-owned solar project in Wisconsin just minutes from the State Capitol.

This unique project is a shining example of the myriad opportunities that exist when it comes to renewable energy.

Not only does the 222-kW solar project installed on the rooftops of a new highway garage and public safety complex power the buildings, but those facilities will be heated by the waste heat from electric generators fueled by methane from the landfill across the street. In other words, we’re using gas produced by garbage to annually generate $3.3 million in electricity — enough to power 4,000 homes – while also cutting county heating bills.

Through innovation and a determination to do what’s best for our air, land, and water, we are running a cutting-edge solid waste and recycling operation deserving of its reputation as a national leader.

The highway garage will also be the new home for the renewable compressed natural gas (BioCNG) filling station that turns decaying landfill trash into cleaner, cheaper, homegrown fuel. Dane County is among the first communities in the nation to plow snow with CNGpowered highway patrol trucks. To date, we have 65 vehicles that run on CNG, and by the end of 2017 will have 19 heavy-duty plows on the road using carbon-friendly CNG. BioCNG has the lowest climate change emissions of any vehicle fuel sold today. Its use as a transportation fuel represents a nearly 90% reduction in greenhouse gas emissions compared to gasoline and diesel fuel. Methane from the landfill is a greenhouse gas 86 times more potent than CO2. Burning it to generate electricity or compressing it for vehicle fuel keeps this powerful greenhouse gas from significantly contributing to climate change.

There are more than 1,900 landfills in the United States. Dane County’s landfill is one of less than a handful of facilities nationwide that will clean and distribute naturally occurring renewable gas in mass quantity for vehicle fuel. County government can capitalize on the increasing national market demand for clean burning fuel that’s low on climate change emissions. We’re investing $18 million into biogas cleaning technology that will move gas made by trash at the landfill to parts of the country where compressed natural gas in vehicles is commonplace. We can sell over two millions gallons equivalent of our BioCNG each year, earning renewable energy credits and low carbon fuel standard credits without impacting the ability to power our county CNG fueled fleet.

This new clean fuel program will earn county taxpayers $6 to $8 million per year in new revenue and reduce carbon emissions by 30,000 tons per year. This system can be installed and fully operational by early 2018, reducing our annual carbon footprint to the equivalent of removing 5,400 vehicles from the road.

Furthermore, a new pilot project at our landfill captures carbon dioxide and converts it into dry ice, reducing emissions and improving the air we breathe. Dane County is the first in the nation to install technology to capture the greenhouse gas carbon dioxide from its landfill. When fully implemented, this project will reduce CO2 emissions by 59,000 tons per year, the equivalent of taking 10,000 cars off the road.

While Congress balks at new emissions restrictions proposed by the President, and state experts are prohibited to work on climate change because of an Executive Order from the Governor, local governments are once again in the best position to demonstrate leadership and vision. We cannot wait for the state to step up. We must lead the effort to address climate change.

2017 will be Dane County’s cleanest, greenest year ever.

from the President & CEO With so much uncertainty for the future, this we know for sure: The difficult work of protecting and preserving our water, air, and landscapes will continue. While the challenges of protecting our environment are significant, Clean Wisconsin will continue to face them head-on.

We were founded on the first Earth Day, at a time when the global supply of clean fresh water seemed doomed and ominous clouds of pollution were settling over our major citMark Redsten ies. Rivers were literally catching on fire and our own Fox River was virtually dead.

President & CEO Clean Wisconsin grew out of these seemingly overwhelming threats to our environment to be a voice of reason in an era full of big questions.

Over the past 46 years we’ve built on Wisconsin’s strong conservation tradition led by giants such as John Muir, Aldo Leopold, and Sen. Gaylord Nelson. For nearly five decades we’ve dedicated ourselves to protecting and preserving Wisconsin’s environment, despite the many obstacles along the way. And we’ve made a lot of progress.

Throughout the years our work at the state capitol has informed lawmakers on a wide range of important environmental issues: From passage of the Wisconsin Environmental Policy Act, to legislation to curb acid rain, to bills protecting children from lead exposure, to programs that fund energy efficiency, to recycling laws, to the Great Lakes Compact … our advocacy has played a key role in creating a brighter, cleaner future for Wisconsin.

Today our green infrastructure projects in Milwaukee’s 30th Street Industrial Corridor are keeping stormwater runoff from flooding our city streets and basements, and contaminating our drinking water. Our efforts to create the nation’s first phosphorus reduction rule are helping to clean up Madison’s lakes. Our science team is exploring ways to curb water contamination from toxic chemicals such as polycyclic aromatic hydrocarbons, which make their way from blacktop sealants into our lakes and rivers. Our work to eliminate barriers to wind energy development is boosting our economy with clean energy production, and we’re working with utilities to forge a sustainable energy future that doesn’t rely on dirty coal.

These are just a few examples of the hard work we do every day at Clean Wisconsin, and we vow to continue to face head-on the most significant threats to Wisconsin’s water, air, and natural heritage.

Clean Wisconsin has stood strong in the face of major challenges since our first days. With more than four decades of experience, we know we must forge our collective concerns into sharp focus on effective strategies and inform our friends and allies.

We invite you to join us in this effort. Your financial support today will ensure we remain at the forefront as Wisconsin’s Environmental Voice, continuing the vital work of protecting our state’s clean air, water, and natural heritage. With your steadfast support, we’ll make sure this great state remains that beautiful, healthy Clean Wisconsin.

Together,

BY THE NUMBERS

DANE COUNTY LANDFILL INVESTMENTS

$18M

$6M-$8M

84

15,400

One-time investment for technology to converts Dane County landfill waste gas into clean-burning compressed biogas, or BioCNG

Dane County vehicles using BioCNG by the end of 2017. BioCNG reduces in greenhouse gas emissions up to 90% compared to gas or diesel

New revenue for Dane County per year through the new clean fuel program; in addition to using the fuel for County fleet vehicles, it can be sold.

Equivalent number of cars removed from the road thanks to carbon-capture, BioCNG programs

www.cleanwisconsin.org 3

Enough is Enough continued from cover issued a legal opinion that claimed the DNR did not have the authority to review or consider the individual and cumulative impacts of high capacity wells on surface water. Schimel’s flawed opinion was based on Act 21.

The DNR quietly adopted Schimel’s opinion, and the change resulted in a rubber-stamp permit process. Since the decision the DNR has since cranked out 180 approvals for a total of 166.8 million gallons of water per day in additional pumping.

“There are multiple places in this state where we are using vastly more groundwater than can be replenished, and it is causing significant impacts,” said Carl Sinderbrand, the attorney representing Clean Wisconsin in the lawsuits. “The place it’s felt most significantly is the Central Sands, where we have groundwater depletion to the point it is draining and drying up lakes and streams.”

PROTECT THE PUBLIC TRUST

SINCE JUNE 2016

180

High-capacity wells have been approved, which represents

166.8M

gallons of additional groundwater pumped per day

On Sept. 30, the DNR issued a batch of high capacity well approvals that would have some of the greatest impacts on surface water resources in the Central Sands and other areas of the state. The significance of the impacts and the need to reinstate the DNR’s authority to protect our water resources ultimately led Clean Wisconsin to initiate the nine lawsuits challenging these permits, which were issued with no consideration of the impacts to nearby lakes, rivers and streams.

The place it’s felt most “Our members are very concerned about significantly is the continuing reduction in water levels in the Central Sands, where we area; not only the cumulative impacts of so many wells, but the direct effects of each well have groundwater on our lakes and streams,” said Tom Kunes, depletion to the point it is President of the Pleasant Lake Management draining and drying up District, a co-petitioner in one of the suits. lakes and streams.

The DNR’s adoption of Schimel’s flawed opinion stands in direct opposition to the agency’s constitutional mandate to protect the water resources of the state in the interest of Wisconsin citizens. Known as the Public Trust Doctrine, this obligation was established through a 1966 court ruling stating the agency is required to study and account for the cumulative impacts on navigable waters when reviewing project permits. The navigable waters — the lakes, rivers, and streams — in the Central Sands region are primarily fed by groundwater. When groundwater levels diminish, so do the levels of those navigable waters DNR is required to protect.

In short, the DNR’s choice to adopt the Attorney General’s opinion — a statement that carries no legal weight — stands in direct opposition to the agency’s constitutional duty to protect the waters that belong to the citizens of Wisconsin.

The implications for Clean Wisconsin’s petitions are significant for water protections across the state. A victory in the courts will have significant impacts on environmental protection for waters across Wisconsin, and will keep pressure on decision-makers at all levels to work toward solutions that will address this problem.

Staff Departures

Elizabeth Wheeler

Amanda Wegner 4

Clean Wisconsin is sad to say goodbye to Senior Staff Attorney Elizabeth Wheeler and Communications Director Amanda Wegner, who both recently left our staff to pursue new opportunities. Elizabeth and Amanda were valued and important members of the Clean Wisconsin team for many years.

Elizabeth began her career with Clean Wisconsin as a legal intern more than a decade ago.

Early on Elizabeth showed her capacity and willingness to work hard, pay attention to critical details, and get things done. Elizabeth has been a wonderful team player, working with our science and legislative staff to impact key policy and legal matters, serving on numerous working groups, and working with community partners to strengthen our collective voices in the Capitol, state agencies, and the courts.

Amanda started at Clean Wisconsin in 2009 as our creative director, and ushered Clean Wisconsin into the age of social and digital media. Her creative energy and work ethic helped connect our members and supporters with our digital advocacy systems – you may recognize her name from our Clean Wisconsin Action Network emails asking you to weigh-in with decision-makers on important environmental topics. Amanda’s work was so respected in this field that she was often asked to help train fellow advocacy organizations on how to grow their presence in the new media world, and became Clean Wisconsin’s Communications Director.

There is a reason she was known as “Lady Boss Panther” amongst our staff.

Elizabeth will pursue her interest in policy-making at the state’s Legislative Reference Bureau where she’ll be drafting legislation. Amanda is now working to grow the digital media presence of the Wisconsin Economic Development Corporation. We will miss their talents and hard work, and also their dedication to clean air, clean water, and clean energy.

Thanks, Elizabeth and Amanda, for all you’ve done for Clean Wisconsin over the years—you will be missed!

Fall 2016

Kewaunee County continued from cover impacting residents’ drinking water supplies. When Kinnard Farms’ water quality permit came up for review, local concerned citizens organized and challenged the permit. Administrative Law Judge Jeffrey Boldt ruled the area’s groundwater contamination represented a “massive regulatory failure” to protect public health, and ordered the DNR to impose a limit on the number of cows the dairy could house. Boldt also required additional groundwater monitoring to ensure public health standards are met.

DNR’S FUNDAMENTAL DUTY Ten months later, the DNR disregarded Boldt’s decision and stripped the sensible and necessary groundwater protection conditions he had imposed on the permit. At that point, Clean Wisconsin intervened to prevent a troubling statewide precedent that would have allowed the DNR to ignore the judge’s orders without consequence.

In July, in a strongly wordJudge Markson’s ed ruling, Judge Markson agreed with Clean Wisruling reinforces the consin and Midwest EnviDNR’s absolute ronmental Advocates, who represented Kewaunee responsibility and County citizens in the lawfundamental duty to suit. protect groundwater and “The laws that provide ensure Wisconsin structure and predictability to our administrative residents have a safe, do not allow an reliable, and clean source process agency to change its mind of drinking water. on a whim or for political purposes,” Markson wrote in his July order. “The people of Wisconsin reasonably expect consistency, uniformity, and predictability from their administrative agencies…DNR had no authority

to reverse [its own final] decision. Its attempt to do so is without any basis in law, and it is void.”

Judge Markson’s ruling reinforces the DNR’s absolute responsibility and fundamental duty to protect groundwater and ensure Wisconsin residents have a safe, reliable, and clean source of drinking water.

The conditions set forth in the Kinnard permit are reasonable and common-sense protections in an area of the state that is riddled with widespread drinking water contamination.

DNR and Kinnard Farms appealed the decision and the matter is pending in the Court of Appeals.

INCREMENTAL PROGRESS Judge Markson’s decision comes on the heels of a release of 65 recommendations from a DNR-facilitated workgroup for addressing groundwater contamination in Kewaunee County. Those recommendations include increased oversight of CAFOs by the agency, and better regulations for spreading manure in sensitive areas.

It’s been two years since Clean Wisconsin and five other local, state, and national organizations asked EPA to step in and do something about drinking water contamination in Kewaunee County. We’re still waiting for the DNR or the EPA to provide local residents with an acceptable alternative water source.

In the meantime, the DNR is working to revise its polluted runoff rules and has hired additional staff to monitor CAFOs in the region.

A group of farmers has also formed a group, Peninsula Pride. This past summer, Peninsula Pride announced plans to fund a program aimed at helping qualified residents install water treatment systems in their homes. We view these solutions as incrementally helpful. That, legal victories, and the many dedicated citizens in Kewaunee County who are fighting to ensure our local, state, and federal agencies take meaningful action, all provide hope that Wisconsin’s leaders and businesses will soon do the right thing to protect Wisconsin’s water.

Take Back Your Meds Milwaukee Protecting children and drinking water from pharmaceutical pollution

By Amber Meyer Smith, Director of Programs & Government Relations

Clean Wisconsin is proud to help launch an effort in Milwaukee County aimed at increasing proper disposal of unused prescription drugs. We’re partnering with a diverse coalition of organizations ranging from groups that advocate for low-income families, to groups that work on drug abuse prevention and citizen engagement. We’re also working with physicians and even a pharmacy to tackle this problem.

Pharmaceuticals that end up in the trash or the toilet can pollute our waterways. When people improperly dispose of pharmaceuticals by flushing them, they make their way through the sewer system, which empties into Lake Michigan, the primary source of Milwaukee County’s drinking water. In fact, recent studies by the UW-Milwaukee School of Freshwater Sciences found the presence of intact pharmaceutical compounds up to three miles from sewer outfalls. That means those compounds don’t break down when they hit the drinking water supply.

Old prescriptions sitting in medicine cabinets can also get into the wrong hands, and are becoming the first exposure kids have to illegal drugs. More than three in five teens say prescription pain relievers are easy to get

from parents’ medicine cabinets. The easy availability of prescriptions is a major factor in overdose, which is the leading cause of accidental death in Milwaukee.

The solution to keeping medicine out of the hands of our children and out of our drinking water is to provide more convenient options for people to get rid of their unused prescriptions. Drug takeback and recycling programs elsewhere have shown that the way to encourage people to do the right thing is to make disposal options convenient. Placing more drop boxes at pharmacies is the best way to do that.

Similar to the electronic waste law Clean Wisconsin helped pass that allowed retail stores to take back old TVs and computers, getting pharmacies to host drug drop boxes will give people a more convenient option for disposing of their unwanted medications. In places where local governments provide funding for pharmacy drop boxes, studies have shown increased rates of proper disposal.

The Take Back Your Meds Milwaukee Coalition is a broad group that includes: Medical Society of Milwaukee, Hayat Pharmacy, Community Advocates Public Policy Institute, Aids Resource Center of Wisconsin,

Clean Wisconsin’s Amber Meyer Smith (center) joins Kari Lerch (right) of Community Advocates Public Policy Institute and Walgreens’ Nick Sinclair at the unveiling of a new drug dropbox at a Walgreens in Milwaukee.

Southeastern Wisconsin Common Ground, Service Employees International Union, Citizen Action, Wisconsin Federation of Nurses and Health Care Professionals, Milwaukee County Substance Abuse Coalition. We are proud to help lead this Coalition toward our common goal of reducing the risks unused pharmaceuticals pose to our drinking water and our children’s safety.

Learn more about the Take Back your Meds Milwaukee Coalition at

www.takebackyourmedsmilwaukee.org www.cleanwisconsin.org 5

A night with celebrity chefs for

Thank you to everyone who attended our 3rd annual Epicurean Evening Madison at Monona Terrace.

We are so fortunate to have spent a wonderful evening in Madison celebrating our ongoing work across the state to protect and preserve Wisconsin’s air, water, and natural heritage.

We could not do this important work for Wisconsin’s environment without your support and generosity!

Giovanni Novella CENTO

Nick Johnson

JULEP AT ROBINIA COURTYARD

David Heide

LILIANA’S & CHARLIE’S ON MAIN

Presenting Sponsor

Executive Chef Sponsor

Front of House Sponsors

Hoyos Consulting LLC

Francesco Mangano

OSTERIA PAPAVERO

Natalie Hoyos of sponsor Hoyos Consulting takes a chance at the wine pull Chefs Adam Siegel, Justin Carlisle and Cole Ersel with Clean Wisconsin president & CEO Mark Redsten

Hundreds of guests enjoyed cocktails, silent auction, and wine pull before dinner

Madison College culinary students helping prep the first course

Cento’s “Autumn’s Up” added some spice to the cocktail hour

Richard Ries and Liz Jacobs

From cocktails to wine, there was something for everyone to enjoy

(From left) Tia Nelson, John Clancy and Mark Redsten

Elizabeth Kirchstein tries her chance at the ever-popular wine pull

Seared Scallops by David Heide from Liliana’s Restaurant and Charlie’s On Main

PSC Eyes Change to Focus on Energy Strong response for stakeholders yields results

By Keith Reopelle, Senior Policy Director

This fall, leading up to Halloween, the Public Service Commission made an announcement about the Focus on Energy program that many observers and stakeholders found quite scary.

Focus on Energy is Wisconsin’s statewide program that delivers money-saving energy efficiency services and provides incentives for small-scale renewable energy system for homes and businesses. The program has done an excellent job over the past 15 years providing an impressive array of benefits. Every year it saves Wisconsin home owners and business owners millions of dollars on energy bills, it creates thousands of jobs, it generates more than $100 million in economic benefits to the state, and it reduces thousands of tons of air pollution emissions from power plants. This year’s Focus on Energy budget is $93 million.

In September the PSC announced plans to “investigate” ways to improve access to the Focus on Energy Program in parts of the state that are underserved by rural broadband internet providers, and “… promote rural economic development in these areas through greater deployment of broadband.”

That led some observers to wonder if the PSC was considering diverting funds earmarked for energy efficiency and renewable energy projects to something entirely unrelated.

STRONG RESPONSE With a very short window to respond, 52 businesses and groups, including several electric utilities, intervened and officially made their concerns known to regulators. Memories of past governors and legislators — Republicans and Democrats — raiding the Focus on Energy program to pay for unrelated programs was fresh in the minds of many of those who weighed-in on the issue.

The PSC asked the public if it should look for new ways to develop new energy efficiency and renewable resource programs for rural areas underserved by broadband providers and support increased access to broadband. Clean Wisconsin told the commission its highest priority should be to replace the $7.2 million the legislature stripped from the program by a bill signed into law earlier this year. Clean Wisconsin, along with many other groups, said that we are adamantly opposed to

using any Focus on Energy funds for broadband infrastructure and believe the law very clearly prohibits such a use.

In a comment aimed at the root of what the PSC appeared to be suggesting, Clean Wisconsin recommended the commission provide $2 million to $3 million to rural areas that are underserved by broadband to supply those customers more efficiency and renewable energy opportunities than they currently receive.

“If some of those programs are also able to create incentives for and increase broadband service in these areas, that will be an additional positive outcome,” we stated in our comments.

Our suggestion of $2 million to $3 million was based on what we believe could be used in a cost-effective manner in areas of the state that make up a very small percentage of the state’s population.

POSITIVE MOVE In late October commissioners voted to authorize up to $47.5 million in unallocated funds “to develop new Focus on Energy rural programs incorporating anaerobic digesters and exploring the synergies to help expand broadband to underserved areas.”

Trick? Treat?

Based on our analysis we think the commission served up several treats for the citizens of Wisconsin with this decision. The most significant of which was the decision to fund the renewable incentives program at approximately $3.5 million a year, the current funding level, for the next two years. That decision marks a major victory in the ongoing effort to protect and strengthen the Focus on Energy programs.

Our partner RENEW Wisconsin deserves thanks for their leadership on this item.

The PSC also committed $10 million to $20 million in funding for anaerobic digesters. If done properly, this allocation could generate many benefits in the form of cleaner energy production, helping tackle water quality issues, and helping manage manure on large- and medium-sized dairy farms in Wisconsin. We appreciate the commission’s decisions, including its decision to pump additional funding into the program.

Stay tuned and contact Keith Reopelle at 608-251-7020 x11 if you have questions or would like to get involved.

WAUKESHA The Last Word

By Ezra Meyer, Water Resources Specialist 8

This summer we reported that the regional decision-making bodies created by the Great Lakes Compact approved the city of Waukesha’s proposal to divert water from Lake Michigan outside of the Great Lakes Basin.

Clean Wisconsin argued the proposal did not meet all of the key requirements of the narrow provision in the Great Lakes Compact that allows outside-of-the-Basin communities, like Waukesha, to apply for regional diversion approval. The Regional Body and Compact Council agreed with us on key provisions, but in the end they saw fit to approve the application with certain conditions.

The best precedent that could have emerged from this first-of-its-kind decision would have been a “no” vote at the regional level. Waukesha failed the Compact’s test requiring any community seeking a diversion to lack any viable alternative water supply. Waukesha has viable alternatives.

The bar set by the regional decision is significantly higher than Waukesha’s original, unmodified proposal. The tremendous outpouring of comments from people like Clean Wisconsin’s supporters, and the many thousands of Great Lakes advocates across the Basin, played a significant role in making the victory here a reality. Thank you!

The latest news in this diversion saga is that Waukesha now faces a legal challenge.

The Great Lakes/St. Lawrence Cities Initiative is a bi-national non-profit organization comprised of the mayors of most of the cities in Canada and U.S. along the Great Lakes and St. Lawrence River system. In August the Cities Initiative announced it would challenge the regional approval of Waukesha’s application, starting at the Regional Body and Compact Council level and potentially going beyond those bodies to federal court. We will continue to watch these developments and keep you informed as to what they mean for the Waukesha case.

In the meantime, we are keeping a close eye on the Wisconsin approval process, including the Wisconsin Department of Natural Resource’s permitting of the new water discharge system Waukesha will need to build to send treated water back into Lake Michigan via the Root River. Clean Wisconsin will continue to work to ensure that the Great Lakes Compact is followed throughout this process and that a proper precedent is set for any future diversion proposals that may come forward, whether in Wisconsin or elsewhere in the Basin.

Fall 2016

DAYLIGHT SAVING TIME: Does it really save energy?

By Paul Mathewson Staff Scientist

Under the Lens

It’s again that time of year when we have to abruptly re-adjust to commuting home in the dark. That’s right, daylight saving time is over, which makes it an opportune time to look at daylight saving and the energy-saving rationale behind it.

Contrary to the common belief that daylight saving is an agricultural-related policy, the primary rationale for the seasonal clock change is actually energy conservation. The basic premise behind daylight saving is that with more daylight in the evening, people will delay turning on their lights, resulting in less electrical demand for lighting (assuming bedtimes don’t change).

Various iterations of daylight saving times were first officially implemented in the U.S. during the two World Wars as temporary resource-saving measures. In 1966, daylight Contrary to the common saving time was permanently established and standardized to run from the last Sunbelief that daylight saving day in April through the last Sunday in Ocis an agricultural-related tober. In response to the oil embargo in the 1970s, year-round daylight saving was tempolicy, the primary porarily imposed for 15 months in order to rationale for the save fuel. Most recently, the Energy Policy seasonal clock change Act of 2005 moved the start of daylight saving back to the second Sunday in March is actually energy and extended it through the first Sunday in conservation.

November.

But does daylight saving actually save energy?

A handful of studies sought to answer this question, and the results are mixed. Some studies report up to a 1-percent reduction in electricity use while other studies report no savings or even increased electricity demand. What collectively emerges from this research is that daylight saving does reduce residential electrical demand for evening illumination. However, daylight saving time also places an extra hour of higher temperatures and solar radiation into main evening cooling hours. With the widespread use of air conditioning, electricity savings on illumination can be offset or eclipsed by increases in electrical demand for air conditioning in hotter parts of the country.

So while daylight saving time may not be a clear-cut energy-saving tactic, we in Wisconsin are lucky to have programs like Focus on Energy (see PSC Eyes Changes to Focus on Energy on page 8) that help Wisconsin residents and businesses conserve energy through more efficient lighting, heating and cooling equipment, and insulation.

TWO STAFFERS JOIN CLEAN WISCONSIN Clean Wisconsin is pleased and excited to welcome two new staff members.

In early September, John Adams started as our Communications Director. John has been a top-notch reporter in both Wisconsin and Montana for 15 years. He spent the last eight years working for the Great Falls Tribune in Montana where he reported from the state capital on major issues affecting the state with a focus on government, politics, and social justice.

John specialized in watchdog journalism, comprehensive policy analysis, and open government advocacy. As a reporter he broke numerous stories with significant impacts on state politics and legislative policy.

A Door County native, John is excited to bring his broad experience and knowledge of politics and environmental issues to bear in his home state. We are so excited to have him join our team, where he will lead our strategic communications and media work.

We are also excited to welcome Sarah Bewitz to the Development team! Sarah takes on the role of Development Associate, overseeing the vital job of membership management, event planning, and outreach to ensure Clean Wisconsin members stay engaged and aware of the important work they support.

Sarah has a degree in Biological Aspects of Conservation and a certificate in Environmental Studies from the University of Wisconsin-Madison. After college she taught environmental education in the greater New Orleans area through an internship with the U.S. Fish & Wildlife Service. Sarah then spent some time in Washington, D.C. working on habitat restoration with the National Park Service. After returning to Wisconsin, Sarah spent two years leading backpacking trips in the Chequamegon National Forest along the Ice Age Trail before settling in Madison where she now keeps bees and volunteers on an organic farm.

Sarah brings excellent communication and organizational skills along with a passionate desire to work on issues related to preserving and protecting Wisconsin’s air, water, and natural resources. Having spent much of her career outdoors, Sarah is passionate about supporting Clean Wisconsin’s mission to protect the air and water in our state.

John Adams

Sarah Bewitz

Join our email Action Network at www.cleanwisconsin.org/alerts www.cleanwisconsin.org 9

President’s Circle $25,000+

Investors $1,000–$2,499

Anonymous

Philanthropist $10,000–$24,999 The Kailo Fund Anonymous

Patrons $5,000–$9,999 Benefactors $2,500–$4,999

Henry Anderson MD & Shirley Levine Elizabeth Feder & Mark Johnson Scott Froehlke Gary Goyke & Mary Rottier Peggy Scallon MD & Mark Redsten Gof & Mary Thomson

Anonymous (2) Michelle & Maneesh Arora Margaret Baack & Michael McAdams Ann Behrmann MD & Lewis Koch DW & Christena Benson Maryann & Joe Binegar Scott & Denise Blankman Sandra Bohman Anne & Patrick Cory Peter & Sheila Eichenseer Matt & Katherine Frank Kay Gabriel Richard Gosse DDS & Karen Gosse Robert Hagge Jr. Edward & Ann Hastreiter David & Judy Hecker

Elsbet Lund & James Dahlberg Numbers 4 Nonprofits LLC Dianne Redsten & Walter Sauer Jeannie Roberts & John Voegeli Joan Schertz Thomas Schlueter MD & Ellen Neuhaus MD Kurt Sladky & Deb Neff Daniel Smith MD & Marcia Smith Arun Soni Patricia Stoffers Dorothy Troller UW Health & Unity Health Insurance Wisconsin Energy Conservation Corporation (WECC) Michael & Sarah Weiss

Thank you for your dedicated generosity to our work!

To become a member or for more information regarding the benefits of the Environmental Pillars Society, contact development director Angela Cao at 608-251-7020 x17 or acao@cleanwisconsin.org.

Being a Corporate Guardian is an excellent investment in your business as you support our protecting Wisconsin’s air, water, and natural heritage!

We encourage you to learn more about and do business with our wonderful Corporate Guardians!

lexusofmadison.com

Hoyos Consulting LLC hoyosconsulting.com Edgerton, Madison

madisonmagazine.com

schonheitgardens.com Sun Prairie

breakthrubev.com

sustaineng.com Madison

mge.com

lawmbg.com

Bailey’s Greenhouse Bayfield

rishi-tea.com

nglic.com

holidayvacations.net

thompsonim.com Madison

thinkinkanddesign.com Madison

veridianhomes.com

johnsoncontrols.com

gklaw.com

greatdanepub.com Madison, Wausau

crossroadscommunityfarm.com Cross Plains

Interested in joining these businesses? Contact Angela Cao at 608-251-7020 x17 or acao@cleanwisconsin.org. www.cleanwisconsin.org 11

Join us for an evening of local food, first-rate cocktails and fun

A night with celebrity chefs for

Epicurean Evening Milwaukee,

Our 2nd annual celebrity chef gala on the shore of Lake Michigan benefitting our statewide work to protect and preserve Wisconsin’s air, water, and natural heritage!

Thursday, June 8, 2017 Discovery World, Milwaukee This must-attend culinary event features a wine pull, live auction, and our ever-popular cocktail hour with specialty drinks by local mixologists.

GET TICKETS OR BECOME A SPONSOR TODAY Tickets are $150 per person or $1,200 per table of 8

www.wisconsinepicureanevening.org

Also, Save the Date

for Epicurean Evening Madison 2017

October 5, 2017 Be part of this list! See www.wisconsinepicureanevening.org/sponsors or contact Angela Cao, acao@cleanwisconsin.org, 608-251-7020 x17