Day Lake, Chequamegon National Forest, Wisconsin
Wisconsin has a rich heritage of conservation. From the Native American tribes who inhabited this land for generations, to John Muir, Aldo Leopold, Warren Knowles, and Gaylord Nelson, Wisconsin has been a national leader in protecting its land, water, and air.
There was a time when this was a shared ethic amongst Democrats and Republicans. Our greatest environmental achievements have always been accomplished together, working toward the goal of making Wisconsin better for our children and grandchildren.
But today, I am disturbed by the erosion of that shared commitment. Wisconsin Governor Scott Walker and legislative Republicans seem to be rushing towards a new era, one where the bipartisan promises of the past are cast aside in the name of eliminating obstacles for business. Three recent examples demonstrate this regression.
1. Water protection
In the early 2000s, water bottling giant Perrier wanted to open a facility in the central sands area of Wisconsin. There was great concern about the impact this might have on groundwater resources. High-capacity wells in that area have a direct impact on surface waters. As we can see today, they cause lake levels to decrease and rivers to run dry.
The threat of Perrier brought together Republicans and Democrats including Democratic Governor Jim Doyle to pass what was supposed to be the first step in protecting groundwater quantity. 2003 Wisconsin Act 310 passed 99-0 in the state assembly and 31-1 in the senate and signed into law by Governor Doyle. In the years that followed, bipartisan study groups continued to look at the issue to determine the next steps forward be to protect the waters of the state.
But the 2010 election brought Republicans to control the governor’s office and both houses of the legislature, and an about-face on environmental protection. Earlier this year, Republicans passed Wisconsin Act 10 on a partisan 62-35 vote in the assembly and 19-13 vote in the senate. The law allows for the repair, replacement, and transfer of high-capacity well permits without approval from the state Department of Natural Resources.
Because high-capacity well permits are the only environmental permits without an expiration date, this bill essentially grants permanent access to groundwater for those permit holders. This is in direct conflict with the Wisconsin state constitution, which protects the waters of Wisconsin for the benefit of all users. It guarantees that the current problems with surface waters in the central sands area will continue to get worse.
2. Mining
In the mid-1990s, the threat of a sulfide mine in Crandon, Wisconsin brought Democrats and Republicans together to pass the mining moratorium. This legislation, 1997 Wisconsin Act 171, was passed with overwhelming support in both houses and signed by Republican Governor Tommy Thompson.
Sometimes referred to as the “Prove It First” law, it requires that anyone wanting to operate a sulfide mine in the state of Wisconsin needs to demonstrate that another similar mine has been able to operate and close somewhere in the United States without polluting for at least ten years. Because there has not yet been an example of a mine that can operate without causing pollution, Republicans now want to change the law.
State Senator Tom Tiffany and Representative. Rob Hutton, both Republicans, have introduced Senate Bill 395 and Assembly Bill 499 which repeal the current Prove it First law.
The legislation, which coincided with a pair of mine proposals from Toronto-based Aquila Resources Inc., appears to have widespread support on the Republican side. It has already passed a senate committee on a party-line vote and could come before the full senate this fall. It is widely opposed by Native American Tribes, conservationists, and government watchdog organizations but has strong Republican backers including the big-business lobby group Wisconsin Manufacturers & Commerce and Americans for Prosperity.
3. Wetlands
In late September, a new bill circulated by state Senator Roger Roth and Representative Jim Steineke, both Republicans, would end protection for isolated wetlands in Wisconsin. There are two kinds of wetlands and they are regulated differently. The U.S. Army Corps of Engineers, through the Clean Water Act, has jurisdiction over wetlands that are connected to navigable waters. Other wetlands, those that are geographically isolated, are protected by Wisconsin, thanks to a dedicated group of bipartisan lawmakers.
In 2001, a U.S. Supreme Court decision, SWANCC vs. U.S. Army Corps of Engineers, left all geographically isolated wetlands unprotected. In the wake of that decision, legislators in Wisconsin sprang into action. A concerted effort over a five-month period led to Republican Governor Scott McCallum calling a Special Session to pass a bill which put in place state-level protection for isolated wetlands. 2001 Wisconsin Act 6 was passed unanimously by both houses and signed by McCallum.
Since 2011, a number of proposals have chipped away at the 2001 law, but the latest proposal, LRB 4115/1, would eliminate state protection for isolated wetlands.
What has happened to Wisconsin? Not that long ago, when faced with an environmental crisis, Democrats and Republicans worked hand-in-hand to come up with common sense solutions. I worked diligently with my colleagues on both the wetlands and groundwater laws during my tenure in the state assembly and was proud to have voted for both. Now I see a new generation of Republican lawmakers, very different from the last, who fail to see the forest for the trees.
Native Americans, originating from the Great Law of the Iroquois, have approached conservation with the concept of the seventh generation. It holds that decisions made today should benefit those who come seven generations from now. While we have fallen short at times, that philosophy has been at the heart of Wisconsin’s past environmental law. It’s what brought us together to ban sulfide mining and protect groundwater and isolated wetlands.
Today, there is no thought given to the next seven generations. Rather, the next generation will be saddled with the damage inflicted today. I hope they are able to repair what has been broken.
Wisconsin Democratic state senator Mark Miller.
Mark Miller is a Democratic state senator in Wisconsin.