The Bad River Band Clearly Spelled Out The Mining Bill Flaws

The band handed its analysis to Gov. Walker, who along with the legislative leaders chose to ignore it - - unlike 17 upstanding State Senators who got it.

Here is one of the many postings about it from months ago, and I will reprint below the Band's ten-points and principles about the need for science, law and open processes.

I am glad these items were capitalized, so any possible confusion is minimized:

1.    THE DEFINITION OF IRON MINING SHOULD BE CLEARLY SET FORTH TO EXCLUDE ANY PROJECT PROPOSAL THAT HAS THE POTENTIAL TO CAUSE ACID MINE DRAINAGE.

2.    THE COMPLETENESS OF IRON MINING PERMIT APPLICATIONS SHOULD BE CLEARLY DEFINED AND THE BURDEN OF PREPARING AND SUBMITTING A COMPLETE APPLICATION SHOULD BE ENTIRELY ON THE PERMIT APPLICANT.

3.    THE PERMITTING TIME FRAME SHOULD BE REASONABLE, FLEXIBLE, AND CONSISTENT WITH FEDERAL AGENCY TIME FRAMES. IT SHOULD ALSO PROVIDE SUFFICIENT TIME FOR THE DNR, THE PUBLIC, FEDERAL AGENCIES, AND AFFECTED INDIAN TRIBES, TO FULLY REVIEW AND PARTICIPATE IN THE PERMITTING PROCESS.

4.    EXISTING WETLAND PROTECTION STANDARDS SHOULD BE MAINTAINED AND THE FEDERAL/STATE PARTNERSHIP IN THE ENVIRONMENTAL REVIEW PROCESS UNDER STATE AND FEDERAL LAW SHOULD NOT BE JEOPARDIZED.

5.    FEDERAL CLEAN WATER ACT IMPLEMENTATION BY THE DNR SHOULD BE CORRECTED AND NOT WEAKENED.

6.    THERE SHOULD BE CONTESTED CASE HEARINGS TO ALLOW FULL PARTICIPATION BY INTERESTED PARTIES, INCLUDING INDIAN TRIBES.

7.    THERE SHOULD BE NO PREEMPTION OF LOCAL CONTROL.

8.    CITIZEN SUITS SHOULD BE MAINTAINED TO MAKE SURE PERMIT PROVISIONS AND LEGAL RESTRICTIONS ON NEW MINES WILL BE ENFORCED.

9.    CONSULTATION WITH INDIAN TRIBES BY THE DNR SHOULD BE REQUIRED AS PART OF THE PERMITTING PROCESS.

10.    INTERESTED PARTY FINANCING SHOULD BE PROVIDED FOR THE CONTESTED CASE HEARING PROCESS.