Progressive Thinking

MILWAUKEE - It was one of the greatest victories for American democracy in years when Donald Trump and Paul Ryan were forced to pull their dangerous health care replacement bill just minutes before the scheduled vote.

Against all odds, and without power in Washington, average citizens stopped Trump and Ryan dead in their tracks!

A few short months ago, pundits thought that the repeal of the Affordable Care Act was a foregone conclusion. If it was not for the unprecedented democratic resistance in Wisconsin and across the country, they would have been right.

Right-wing talk show hosts are already spinning that the crash and burn of Trump-Ryan Care had nothing to do with grassroots protests. But it is well known the Republican leadership was trying to rush the bill through because they were afraid of coming home to face their own constituents during the next Congressional recess.

While this victory should renew our faith in the potential of American democracy, we need to understand that we won a major battle, but have not yet won the war.

I am proud to say that Citizen Action of Wisconsin is leading the charge against the unthinkably cruel attack on health care rights. We turned up the pressure on House Republicans this week by holding 10 major organizing actions across Wisconsin.

This is far from over. We must gather our energies for the next stage of the fight. We need to keep on fighting until we have established health care as a fundamental right in America--once and for all.

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We need your help. We can continue to organize a powerful opposition if we have the resources.

Make an express donation to fund this effort by clicking here.

Wisconsin sits on the greatest natural resource left in the world, clean fresh water, but the lawmakers who currently control the Capitol allow a privileged few to take as much water as they want and pollute as much as they want, even if it makes us sick.

ALTOONA, WI - Water is the new oil. Plenty of old skirmishes — both political and military — broke out around the world over oil. Water will be the cause of more and more new ones.

Pressure to divert water from the Great Lakes is intensifying. The mighty Colorado River is being siphoned to irrigate cropland and supply thirsty cities from Denver to Phoenix to the point where it now runs dry at its end, no longer reaching the ocean at the Gulf of California as it did for millions of years.

Toxic tap water produced human tragedy and a white-hot media spotlight in Flint, Michigan. Far less attention has been paid to the fact that excessive lead levels are found in almost 2,000 water systems across America, including more than 80 communities in Wisconsin. Not many people know that the incidence of lead poisoning of children in Wisconsin is almost exactly the same as the rate found in Flint. Milwaukee’s lead poisoning rate is nearly double Flint’s.

Wisconsin is one of the most water-rich states in the nation. Yet the state’s groundwater is imperiled. Lakes and streams are drying up because of an unchecked proliferation of high-capacity wells for massive animal feedlots and large-scale crop irrigation. Water quality protections have been stripped away due to politicized resource management, resulting in indiscriminate manure spreading by factory farming operations that produces contaminated drinking water in places like Kewaunee County.

It boggles the mind that lawmakers who currently control the Capitol are responding to all of this with efforts to further weaken water protections and make it even easier to get permission to drill high-capacity wells. And it’s hard not to notice that the wealthy interests who want to do all the drilling have been showering large political donations on the governor and state legislators.

Here we have a privileged few being allowed to take as much water as they want, even if it makes lakes and streams and neighbors’ wells dry up. We have a politically connected few being allowed to pollute as much as they want, even if it makes others sick.

That our government is no longer adequately protecting everyone’s right to clean drinking water is a telltale sign of how government has been captured by powerful interests. That politicians are allowing a few big industries to hog all the water or to poison it for others is a measure of how sick our democracy has become.

Oil and water don’t mix, but they do have a lot in common. Both are precious natural resources and both have a way of bringing out the worst in us. Both inspire greed, and both can corrupt. As the water wars escalate, the question is whether greed will govern us or will we summon the wisdom and resolve to make sure what government does when it comes to water is done for the good of the whole of society.

— Mike McCabe

Submitted on behalf of Sustain Rural Wisconsin Network

Mary Dougherty - President

Sustain Rural Wisconsin Network Opposes SB 76/AB 105 ‘Death By 1,000 Straws’ and the Senate’s Committee on Labor and Regulatory Reform Secretive Paper Ballot Vote on March 28th

On March 15th, citizens and organizations from around Wisconsin spent more than 9 hours testifying in opposition to SB 76/AB 105. Yet, the Senate Committee on Labor and Regulatory Reform has scheduled a secretive paper ballot vote for SB 76 on March 28th which moves the democratic process from public oversight and places it behind closed doors at the Capitol in Madison. Brett Healy, president of the MacIver Institute, a conservative think tank, had this to say about paper ballots in a February 13, 2013 Milwaukee Journal Sentinel article, “If it's being used by politicians to avoid questions from the public or the press, that's a concern for everyone in Wisconsin." SRWN believes that secretive paper ballots should not be used for controversial or significant actions like SB 76/AB 105 because it removes a key component of the democratic process: discussion and debate in full view of the citizens of Wisconsin.

SRWN is in opposition to SB 76/AB 105. This bill will cause irreparable damage to Wisconsin’s existing lakes, rivers, wetlands, and streams. In addition, it will intensify existing conditions in sensitive resource areas that have been critically damaged due to the over pumping of high capacity wells. This legislation is an attack on the Public Trust Doctrine, which declares that the waters of Wisconsin are held in trust by the Department of Natural Resources for citizens. The Public Trust Doctrine states that “the public interest, once primarily interpreted to protect public rights to transportation on navigable waters, has been broadened to include protected public rights to water quality and quantity, recreational activities, and scenic beauty.”

Finally, undue industry influence is driving the fast-tracking of SB 76. The Wisconsin Democracy Campaign states, “Large potato and vegetable growers doled out about $152,000 in individual and corporate campaign contributions to all legislative and statewide officeholders and candidates in 2016. Most of those contributions were made during the last six months of 2016, and more than half, about $78,500, came from nine of the Potato and Vegetable Growers Association’s officers and board of directors. Most of the contributions to current legislators, about $126,300, went to Republicans, and $10,250 went to Democrats.” SRWN is alarmed that the blatant lobbying efforts of agribusiness is putting the waters of Wisconsin at risk.

The following amendments should be considered and acted upon on behalf of Wisconsin citizens:

• Due to the unique geological conditions involved, study and groundwater modeling should incorporate the entire Central Sands region and not the limited areas proposed in SB 76/AB 105.

• Automatic transfer of a high capacity well permit with the sale of property without periodic review is unacceptable. Transfer of land from property owner to another entity which plans to pump in excess of previous records of well pumping or is in a region where high capacity wells are already demonstrating impacts MUST require a periodic review.

• Wording that denies a citizen’s right to request a contested case hearing MUST be removed in its entirety; this clause is in complete contrast to the democratic process. Citizens should have the right to contest the decision before a permit holder is allowed to operate, based on studies or evidence that shows the potential risks and/or imminent impacts to ground and surface waters.

As Wisconsin residents, we demand that our elected officials enact legislation that will ensure our surface and groundwater will be here for generations to come. We expect them to uphold the Wisconsin State Constitution and oppose any legislation that endangers the Public Trust Doctrine.

We expect our representatives will protect citizen interests over big industry donors who are attempting to buy preferential legislation.

The Senate Committee on Labor & Regulatory Reform is voting on SB 76 (high capacity well bill), Tuesday March 28th.

Chairperson Nass has instructed his committee to vote by paper ballot blocking the ability of committee members to discuss, debate, or offer amendments to this bill. Nine hours of public testimony was offered on March 15th and will not be acknowledged by open discussion by our State Representatives.  They have from 10:00am-1:00pm to vote yes or no to SB 76 on a paper ballot, from their offices. Their votes will be recorded and published. This is very poor public process.

Citizen Water Coalition recognizes this bill in its current form was crafted by agribusiness interests. Experts suggest it will have a negative impact to Wisconsin water resources as well as a detrimental impact to citizens and the small and medium sized farmers of Wisconsin.

The following amendments should be considered and acted upon on behalf of Wisconsin constituents and citizens.

• One size fits all legislation regulating, reviewing, and permitting high capacity wells in Wisconsin is unacceptable.  This bill should be amended to show the following:

  • Create a map of Wisconsin that clearly outlines areas that are impacted/not impacted by over-pumping from high capacity wells.

  • Periodic review of a high capacity well in areas of Wisconsin currently demonstrating no significant impact from over pumping is unnecessary when a well requires maintenance or reconstruction.

  • Periodic review MUST be mandatory for all high capacity wells located in areas already demonstrating significant impacts due to over pumping, such as the Central Sands Region

• Automatic transfer of a high capacity well permit with the sale of property without periodic review is unacceptable, amendments should be made as follows

  • Transfer of property (ownership) between family members with the  same purpose and estimated pumping rates of the property’s high capacity well, when in an area that is not identified as an area of concern due to over pumping, does not require a periodic review.

  • Transfer of land from property owner to another entity which plans to pump in excess of previous records of well pumping or is in a region where high capacity wells are already demonstrating impacts MUST require a periodic review.

• Drilling of a well to fill an impacted lake should be removed from this bill completely

  • DNR representative Adam Freihoefer, as well as Hydrologist George Kraft, testified that waters in the Central Sands are inter-connected (surface water is impacted by groundwater).  Both stated plans for refilling lakes within the study area outlined in the bill do not make sense and would be of no benefit.

• Wording denying citizens right to request a contested case hearing MUST be removed in its entirety

  • This clause is in complete contrast to the democratic process

  • Current law only allows citizens the right to contest a decision AFTER impacts and property rights have been affected.  Citizens should have the right to contest the decision before a permit holder is allowed to operate, based on studies or evidence that shows the potential risks

  • No legislation should ever hinder the citizens rights to fair and appropriate actions through our court system

• Sensitive resource study area outlined in the Central Sands region requires further consideration

  • Study areas identified do not incorporate the already highly impacted areas of the Central Sands, instead targets 3 random low impact areas. Highest impact areas must be included in study

  • Because of the unique geological conditions involved, study and groundwater modeling should incorporate the entire Central Sands region and not limited areas

  • Temporary suspension on new high capacity wells should be implemented in the Central Sands region already showing the highest amount of impact due to over-pumping of high capacity wells

  • Temporary suspension should remain in place until completion of the new study AND corrective actions are put in place legislatively to address the critical area and over pumping occurring

In conclusion Citizens Water Coalition feels much time and effort is needed on this legislation to ensure all stakeholders interests are recognized.  In its current state this bill provides a carte blanche check to the Industrial Agricultural Industry to continue to compromise Wisconsin water resources with no checks and balances to their actions.

The Public Trust Doctrine states the waters of Wisconsin belong to everyone.  It is the Legislature's  job as elected officials to represent both the citizens and industry interests in a FAIR and JUST manner by bringing both groups to the table to work on an acceptable compromise.

Missed reports, staff reductions, and a lack of enforcement actions call into question the DNR's Wastewater Permitting and Enforcement efforts as 350 industrial and 650 municipal permittees and about 250 large farms, mostly CAFO dairies, add to potential problems.

MADISON - “The bottom line is: Are waters meeting water quality standards?” George Meyer told the Audit Committee at a recent hearing.

“[Wisconsin is] adding hundreds of impaired waters every year,” Mr. Meyer added. “It’s because of discharged nitrates and phosphorus.”

“Regulations and laws are only as good as enforcement.” Mr. Meyer said. “In the last few years [there has been] a substantial reduction in enforcement actions both in the wildlife area and the environmental area.”

Mr. Meyer knows about enforcing laws to protect our natural resources. For eight years, he served as the DNR Secretary under Governor Thompson. His 30-year DNR career also included ten years as head of the department’s enforcement efforts. He now runs Wisconsin Wildlife Federation, a nonpartisan coalition of nearly 200 conservation groups.

The Audit Committee was examining the findings of the Legislative Audit Bureau’s review of ten years of permitting, monitoring and enforcement of wastewater discharge. DNR is responsible for monitoring water discharged from about 350 industrial permittees and 650 municipal permittees and about 250 large farms (Concentrated Animal Feeding Operations or CAFOs) – mostly dairies.

Inspections and permits are supposed to make sure those who discharge into our waterways do so following the rules.

The DNR has long followed a “stepped enforcement” process, which means working with those violating the rules to find ways to bring them into compliance with the law. DNR staff notifies potential polluters through a Notice of Noncompliance and a more “stepped-up” Notice of Violation that lists problems and penalties if rules are not followed. When DNR makes a referral, the Attorney General enforces penalties on those who continue to violate the rules.

From 2005 through 2014, LAB Auditors found DNR did not issue either a Notice of Noncompliance or a Notice of Violation in 84% of cases for which a Notice of Violation should have been issued to an industrial or municipal permittee.

In addition to not notifying polluters of violations, DNR did not refer any municipal or industrial permittee cases to the Attorney General for enforcement action in 2013 or 2014. DNR Secretary Stepp described the current DNR approach as “creating a safe space” and “getting people into compliance.”

But we don’t know if industries, municipalities and CAFOs are actually becoming compliant. There is ample evidence of inconsistencies, overlooked reports, incomplete or missing inspections. From 2005 through 2015, the DNR never met its goal of issuing 90% of industry permits on time. The backlog was blamed on a lack of staff.

With regard to missing inspections, in 2010-2011, only two of every ten major industrial permittees were inspected according to DNR’s goal of inspecting major industrial permittees at least once every two years.

CAFOs are required to send in annual reports including any manure spills and required testing. Auditors found almost 98% of the required 1,900 CAFO reports were not electronically recorded as being received. This lack of oversight meant the DNR had no way of knowing or tracking emerging problems. DNR staff said they were too busy with other duties to thoroughly review the reports.

With the problems attributed to staff shortages, one would expect Secretary Stepp to request more staff. According to former Secretary Meyer, DNR staff levels dropped from a high of 3,300 to a current workforce of about 2,500. The Governor proposes eliminating another 43 positions in his budget.

Secretary Stepp acknowledged the problems created by staff shortages. The committee also heard how long it takes DNR to train staff for the very technical jobs of issuing wastewater permits and conducting inspections. Despite the problems and expense created by staffing issues, the Secretary refused to ask for additional staff or resources to retain staff saying, “The private sector doesn’t have the luxury of hiring additional staff.”

Audit Committee members were clearly worried about staff morale and the department’s ability to complete its mission as required by state law. Lawmakers talked about efforts to hire and retain the best and the brightest, increasing salaries, and valuing workers. However, the Secretary offered little assurance the work environment at DNR would change.

Mr. Meyer captured worries about the future of water protections when he mentioned that changes in the federal Environmental Protection Agency could result in “a substantial reduction in oversight of the states.”

Oversight at the state level is something Wisconsin waters need right now.