Mining Bill Will Hurt Walker With Several Constituencies; Also Up North

Because this blog is called The Political Environment, let's make the point that the Assembly's mining bill to fast=track new mines - - rushed for a vote at the behest of one mining company and o beat the potential defeat of Scott Walker in a 2012 recall election - - will only hasten Walker's fall and the loss of the Senate Senate.

Why?

Because the bill goes far beyond just greasing the skids for the iron mine proposed near Ashland - - and that's bad enough, as State Sen. Bob Jauch, (D-Poplar) put it:

Senate mining committee member Robert Jauch, D-Poplar, called the bill a "trojan horse" that differs little from the original mining bill drafted earlier this year.

"The only difference between the first and second bills is that the first was written by and for the mining company," Jauch said. "This one is written by the Assembly Republicans for the mining company." 

- - the bill jeopardizes water and wetland quality throughout the entire state.

Anybody who enjoys the natural world, or who hunts, or fishes, or who boats, canoes or swims, or who runs a recreational business on or near the water in our water-rich state will be outraged by the bill, and at the Walker toadies' carrying his water at the expense of water rights guaranteed in perpetuity for the public enjoyment in the Wisconsin state constitution's Public Trust Doctrine.

These lines from the Journal Sentinel story sum up how the mining bill is going to unite a lot of people north and south, urban and rural - - against Walker and the legislators pushing an outrageous giveaway:

...Assembly Republicans unveiled legislation Thursday to ease water protections, lighten restrictions on waste rock disposal and demand the state Department of Natural Resources speed up its review process.

The bill would also eliminate the ability of citizens to challenge a DNR decision through a hearing process as a first step before a possible lawsuit in state court....

The wide-ranging bill would, for the first time, create laws governing iron mining while leaving the state's metallic mining laws intact...

Also, it would ease numerous existing protections for wetlands, groundwater and waterways.

I wonder when the DNR will take down its description of the Public Trust Doctrine, as the Assembly bill guts the Doctrine's history and intent - - which is the primacy of the public interest and the obligation of the DNR to intervene to protect it.

You might want to access and copy it for historical purposes, and later for laughs and tears.

Here is the full DNR web page text:

The Public Trust Doctrine Wisconsin's Waters Belong to Everyone Wisconsin lakes and rivers are public resources, owned in common by all Wisconsin citizens under the state's Public Trust Doctrine. Based on the state constitution, this doctrine has been further defined by case law and statute. It declares that all navigable waters are "common highways and forever free", and held in trust by the Department of Natural Resources. Assures Public Rights in Waters Wisconsin citizens have pursued legal and legislative action to clarify or change how this body of law is interpreted and implemented. Watch how their efforts have benefitted all Wisconsinites: "Champions of the Public Trust" [VIDEO length: 28:02] As a result, 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.(1)   All Wisconsin citizens have the right to boat, fish, hunt, ice skate, and swim on navigable waters, as well as enjoy the natural scenic beauty of navigable waters, and enjoy the quality and quantity of water that supports those uses.(2) Wisconsin law recognizes that owners of lands bordering lakes and rivers - "riparian" owners - hold rights in the water next to their property. These riparian rights include the use of the shoreline, reasonable use of the water, and a right to access the water.   However, the Wisconsin State Supreme Court has ruled that when conflicts occur between the rights of riparian owners and public rights, the public's rights are primary and the riparian owner's secondary.(1) What are Wisconsin's stream and lake access laws? Wisconsin's Public Trust Doctrine requires the state to intervene to protect public rights in the commercial or recreational use of navigable waters. The DNR, as the state agent charged with this responsibility, can do so through permitting requirements for water projects, through court action to stop nuisances in navigable waters, and through statutes authorizing local zoning ordinances that limit development along navigable waterways. The court has ruled that DNR staff, when they review projects that could impact Wisconsin lakes and rivers, must consider the cumulative impacts of individual projects in their decisions. "A little fill here and there may seem to be nothing to become excited about. But one fill, though comparatively inconsequential, may lead to another, and another, and before long a great body may be eaten away until it may no longer exist. Our navigable waters are a precious natural heritage, once gone, they disappear forever," wrote the Wisconsin State Supreme Court justices in their opinion resolving Hixon v. PSC.(2) Sources: (1) Quick, John. 1994. The Public Trust Doctrine in Wisconsin. Wisconsin Environmental Law Journal, Vol. 1, No. 1. (2) "Champions of the Public Trust, A History of Water Use in Wisconsin" study guide. 1995. Wisconsin Department of Natural Resources Bureau of Water Regulation and Zoning. Champions of the Public Trust - PDF 1,390kb For more information, contact: Dale Simon, Waterway Protection Section Bureau of Watershed Management (608) 267-9868 Last Revised: Monday January 24 2011

dnr.wi.gov

The Official Internet Site for the Wisconsin Department of Natural Resources

101 S. Webster Street . PO Box 7921 . Madison, Wisconsin 53707-7921 . 608.266.2621