May 2004

Attaining Clean Air in Wisconsin

SUCCESS!  Representing the Centerville Citizens for Air, River and Environmental Solutions (CARES), we convinced the DNR to protect Wisconsin from the toxic air pollution emitted by livestock factories' large freestall barns and multi-million gallon manure pits.  On March 23, 2004, the DNR established final rules requiring livestock factories to control the hazardous air emissions associated with agricultural waste.  Existing livestock factories now have three years to come into compliance with the new rules.

The new DNR rules are a response to federal litigation threatened by Centerville CARES against Maple Leaf Dairy, a livestock factory with 3,300 cows in northeastern Wisconsin.  Centerville CARES alleged that Maple Leaf Dairy was violating state regulations and failing to control its emissions of ammonia, a pollutant that can cause chronic and acute health effects, including eye, nose, and throat irritation, nausea and fatigue.

To read the Herald Times Reporter coverage of the new rules, click here.

Restoring the Public Intervenor Office

MEA and the Wisconsin Stewardship Network recently released a report outlining the far-ranging contributions of Wisconsin's Public Intervenor Office (PIO) and the detrimental void created when former Governor Thompson destroyed it in 1995.  The PIO provided high quality scientific, technical and legal information to defend Wisconsin's waters and other natural resources.  Since its demise, private citizens are now shouldering a far greater burden to defend their right to clean air and water and an accountable and effective government.  The PIO also provided an important benefit to Wisconsin's business community by reducing legal uncertainty, serving as an industry problem-solver, and protecting Wisconsin's $11 billion tourism industry.

With the recent EPA-issued Notice of Deficiency for Wisconsin's Title V clean air program and the latest Legislative Audit Bureau air audit identifying a pattern of significant program management deficiencies in Wisconsin, the need for a Public Intervenor has never been greater.

To read the report, "At a Loss: The State of Wisconsin after Eight Years without the Public Intervenor Office," visit www.midwestadvocates.org and click Media and Publications.

To listen to Melissa Scanlan's Wisconsin Public Radio interview on the report, click here and scroll down to the April 14th, 2004 show.

For The Capital Times article on the report, click here.

Protecting Northern Rivers

SUCCESS!   Representing the River Alliance of Wisconsin and Friends of the Jump River, we scored a victory for water quality in the Wisconsin Court of Appeals on Earth Day 2004.  The court decided that river protection groups can argue that the DNR's "default" water quality category is inconsistent with the federal Clean Water Act and state law because it ignores the high water quality of some rivers in Wisconsin.  Now, MEA will be allowed to argue that the DNR is required to recognize the high water quality of rivers like the North Fork of the Jump River prior to allowing discharges of pollution into it.

Defending the Public Trust

MEA recently testified in front of the Natural Resources Board urging the passage of emergency rules that would protect the Public Trust in our rivers and lakes from the environmentally-destructive Act 118.  The so-called "Job Creation Act" has the potential to allow significant harm to Wisconsin's Public Trust waters by giving exemptions and general permits for many shoreland development activities that previously required DNR review and balancing of the impact on public rights in these waters.

MEA advocated for the broad inclusion of areas deemed of "special natural resource interest," where otherwise exempted activities could not take place without obtaining a general or individual permit.  Ultimately, the Natural Resources Board approved emergency rules that protected only 30% of the state's lakes, rivers and streams.  Citizens must now do the state's job in protecting our water resources and monitoring damage done to public waterways.  If you see destructive development activity, call MEA right away to report it.

For The Capital Times article on the emergency rules, click here.

Protecting Groundwater

SUCCESS!  On Earth Day 2004, Governor Doyle did as he had promised the previous Earth Day, and signed Wisconsin's first law to comprehensively protect groundwater quantity.  MEA played a key role by providing legal advice to Wisconsin's Clean Water Coalition of environmental and conservation groups.  This bill is a first step that should be followed by strong rules to protect surface and groundwater resources.