December 22, 2003
Protecting Our Public Trust Resources
MEA and Garvey & Stoddard continue to protect Public Trust waters by
representing a group of conservationists and the Menominee Tribe in their fight
against the recent DNR approval of a high capacity well for Polar Ice.
The DNR approval allows the company to pump almost 1.6 million gallons of spring
water a day for the purposes of water bottling and export from the watershed;
this is over twice as much water as Perrier tried to take from Big Springs a
few years ago. The DNR not only approved the well, but also denied public
participation by refusing to grant a hearing on the issue, despite its significant
impact on Public Trust resources.
On November 21, 2003, MEA and Garvey & Stoddard, representing a coalition of groups and the Menominee Tribe, filed a Petition for Judicial Review in Brown County challenging the DNR's approval of a high capacity well and denial of the contested case hearing.
To read the recent Chicago Daily Herald news article on the case, click here.
To read MEA's opinion on a Michigan court decision that stopped Perrier from pumping and exporting spring water, click here.
Fighting to Maintain Local Control
MEA is working to keep local zoning control over livestock factories
where it should be: in the hands of local decision makers. The Wisconsin
Department of Agriculture, Trade and Consumer Protection is currently considering
making policy recommendations to Governor Doyle that would limit the authority
of local governments to have the last word on whether to issue or deny
local zoning permits for large livestock operations. As currently envisioned,
this policy would change existing law, which places power over land use decisions
at the local government level. The policy recommendations would create
a state-wide Review Board that could overturn a local government's decision
to grant or deny a permit. The policy recommendations would also severly
limit the appeal rights of neighbors to livestock factories and require concerned
neighbors to post a bond in order to go to court to challenge a livestock factory
expansion.
To read MEA's recent opinion editorial on local zoning control in the Wisconsin State Journal, click here.
Advocating for Clean Water
MEA staff attorney Andrew Hanson presented an oral
argument before the Wisconsin Court of Appeals on behalf of the River Alliance
and Friends of the Jump River in November. The River Alliance and Friends
of the Jump River appealed a DNR decision to grant a permit to a wastewater
treatment plant on the pristine Jump River in Northern Wisconsin. MEA
expects a decision from the Court of Appeals in early 2004.
Enforcing the Superfund Law
MEA is seeking to hold some of the largest livestock factories in Wisconsin accountable under the Superfund law. Animal waste pits and confinement barns at livestock factories release ammonia, a toxic gas listed under federal regulations. The Superfund law requires that companies that release up to 100 pounds per day of toxic pollutants report those releases to the state and federal government. The Superfund law provides an important way to measure the emissions from livestock factories in Wisconsin to determine whether those emission may be causing a public health threat.
On November 26, 2003, MEA filed a notice of intent to sue a large livestock factory for violating this and other laws.
Stopping Regulatory Rollbacks with the Wisconsin Stewardship Network
MEA Executive Director Melissa Scanlan will be on a distinguished panel
that kicks off the Wisconsin Stewardship Network's annual conference on Friday,
Feb. 6th, at UW- Stevens Point.
The panel will address a growing trend of legislative rollbacks and retrenchments on environmental and conservation protections in Wisconsin and at the federal level. Joining Scanlan on the panel will be:
The WSN conference continues on Saturday, Feb. 7th, with a broad range of sessions, an address by keynote speaker Michael Furtman, and a presentation honoring the Mole Lake Chippewa and the Forest County Potawatomi tribes for their recent purchase of the Crandon Mine. Governor Jim Doyle has been invited to present the awards to the tribes on behalf of Wisconsin citizens. Visit the WSN's website at www.wsn.org , call (608) 268-1218, or email wsn@chorus.net for details.
Building Our Advocacy Skills
MEA staff attorney Andrew Hanson was honored with the award of a two year fellowship from the Environmental Leadership Program (ELP). The fellowship will provide professional development opportunities to Andrew and technical assistance to MEA. Click here to learn more about the 2004-2005 class of ELP fellows.