March 3, 2003
Protecting Clean Water and Sustainable Agriculture
MEA, with its co-counsel Garvey & Stoddard,
SC, helped a local grassroots group, Citizens for Responsible Agriculture
and Clean Environment, stop a 5,000 head steer feedlot from locating in
the Town of Gibson in Manitowoc County. Two experts independently agreed
that the karst geology of the area was too fragile to allow spreading up
to 50 million pounds of waste from the cattle. Livestock waste, if not
managed properly, can contaminate area water supplies and streams. The
Manitowoc County Board of Adjustment denied the feedlot’s conditional use
permit application based on concerns about the feedlot’s potential
pollution of groundwater and surface water.
Enforcing the Clean Air Act
In February, MEA filed a 60 day notice of our intent to sue Procter & Gamble’s Fox River Mill in Green Bay for violations of the Clean Air Act. We are representing Clean Water Action Council of Northeastern Wisconsin in this case.
Our investigation and subsequent notice identifies nearly 1,000 violations in 2002 alone for failing to safely operate its pollution control equipment and failing to monitor the equipment to ensure the company did not send unhealthy amounts
of dust and particulate matter into the air. Dust and particulate matter can cause or aggravate severe respiratory problems. Of 72 Wisconsin counties, Brown County has the 2nd highest number of hospitalizations of children due to serious respiratory problems.
Also in February, MEA filed
two challenges to the DNR’s decisions to issue an air permit and
Environmental Analysis for the Thyssen Krupp – Waupaca in Waupaca. We are
representing the Waupaca Coalition for Public Response, a local grassroots
organization that is concerned about protecting public health and the
environment. MEA is challenging an attempt by the DNR to allow the foundry
to emit more benzene than allowed by law. The DNR’s decision was based on
negotiations with the industry that essentially rewrote existing air
toxics rules without involving the public or getting the "new rules"
approved by the Natural Resources Board.
Protecting Wetlands
MEA has an Impact Litigation Fund that it uses to fund lawsuits that have a potential to have a broad impact. We used this fund to support the Neighbors Standing United, Wisconsin Wetlands Association, and Waukesha County Environmental Action League’s legal challenge to the proposed destruction of wetlands by the Guardian gas pipeline. Attorney Dennis Grzezinski represented the groups and negotiated a settlement that protected 70 acres of wetlands.
Training Future Advocates
On two occasions in February, MEA trained law students and conservationists on how to provide the Wisconsin DNR with constructive comments on proposed permits that allow discharges of pollution into Wisconsin’s waters.
The efforts
have already started to pay off: the DNR plans to use the public comments
to improve the water quality protections in a discharge permit for a
facility that land spreads food processing waste.
To schedule a two-hour training session for your local group, contact Jonelle Dilley, MEA legal assistant, at 608-251-5047 ext. 0 or advocate@midwestadvocates.org
702 East. Johnson St., Madison, WI 53703
Telephone 608.251.5047 Fax 608.268.0205
E-mail: advocate@midwestadvocates.org
Web: www.midwestadvocates.org