Trout Unlimited and Menominee Tribe v. Polar Ice

Background: In an effort to protect public waters from yet another water bottling plant, a coalition of conservationists, comprised of several chapters of Trout Unlimited, the Langlade County Waterways Association and other individual parties, along with the Menominee Tribe, are fought against a DNR approval of a high capacity well for Polar Ice. The DNR approval would have allowed Polar Ice to pump spring water for the purpose of water bottling and export from the watershed.

When approving the high capacity well permit, the DNR failed to provide an environmental assessment of the overall impacts the well would have on Public Trust surface water resources and failed to protect Public Trust resources. The DNR approved Polar Ice’s proposal to pump almost 1.6 million gallons of water a day. This would potentially damage the health of surface waters that are fed by this spring water, including Rabe Pond and Creek, Garski Flowage, surrounding wetlands, and Wolf River.

The DNR also ignored the need for public participation when approving the permit, despite the damage high capacity wells can inflict on Public Trust waters. In September of 2003, the DNR initially granted a contested case hearing on the approval of the well permit. However, at the request of Polar Ice, the DNR later denied the public’s right to that hearing. By denying the contest case hearing, the DNR not only failed to recognize the well’s impact on Public Trust waters, it also disregarded the Menominee Tribe’s legal rights in the waters flowing through the Menominee Indian Reservation, which could be affected by the Polar Ice wells.

On November 21, 2003, MEA, along with Garvey & Stoddard, filed a Petition for Judicial Review, challenging the DNR’s failure to assess the environmental impacts of the well, the DNR’s approval of a high capacity well without protecting public trust waters, and the DNR’s denial of a hearing on these issues. MEA and Garvey & Stoddard are representing the Wisconsin Council of Trout Unlimited; the Antigo, Wolf River, and Green Bay Chapters of Trout Unlimited; Langlade County Waterways Association; and individual petitioners. John Wilhelmi is representing the Menominee Tribe.

Status: As a result of our petition, the DNR changed its position and granted the group a contested case hearing.  Then, on February 27, 2004, Polar Ice withdrew its application to bottle spring water from this system.

To view the Petition for Judicial Review, click here.

To view a November 24 press release on this issue, click here.

To view media on this, click here.