About four months ago, a controversial mining bill was declared dead. Even Gogebic Taconite President Bill Williams said the company was leaving the state because the Senate sent a “clear message that Wisconsin will not welcome iron mining. We get the message.” An investigation by Badger Democracy has revealed that announcement was misleading and premature.
Even before the failed passage of the mining bill (AB426), Scott Walker appointed Tim Sullivan (President and CEO of Bucyrus – mining equipment manufacturer) as “Special Consultant for Business and Workforce Development.” In mid-June, Sullivan himself admitted that passing a mining bill was still a top priority. However, with the DNR reporting G-TAC withdrawing its exploratory permit and “packing up the operation;” any revised mining legislation easing the permitting and regulatory process seemed unlikely – especially considering the heavy push back from citizens and political fallout.
The lobbying and money trail of G-TAC and mining interests continue to show great interest in mining legislation. It is highly unlikely a company would commit so many resources to an effort it had “given up on.” Gogebic spent over $200,000 in 2011 lobbying for mining legislation. That’s not all – G-TAC has put new lobbyists on the effort – adding 4 in November-December 2011; and one as recently as February 2012.
Of the new lobbyists, 2 are from “Arrowhead Strategies” in Madison (Thomas Fonfara and Robert Seitz) operating out of 10 East Doty St, the same building as the Koch Industries lobby. Both have lobbied for the American Federation for Children. Jack O’Meara began lobbying for G-TAC in February 2012.
The final two recent lobbyist additions are G-TAC employees – Engineer Timothy Myers, and President Bill Williams. As the lobbying investment continues, it is unlikely G-TAC would give up on such a heavy investment – one that dates back to January 2011.
Recent Mining Bill emails disclosed under open records requests reveal a series of communications between the parties authoring the legislation early 2011. The process started at the law firm Whyte, Hirschboeck & Dudek (WHD) and attorneys Thomas Pyper and Michael S. Rogowski (at the time both lobbyists for Gogebic). Ironically, Rogowski was also a lobbyist for the Ho-Chunk Nation and has since withdrawn from Gogebic. From there, the draft legislation written by WHD went to Walker’s office for proofing. Next – either to DNR for rule clarification or directly to the Legislative Reference Bureau attorneys, who wrote the legislation to comport with statutory language.
Of particular interest is the exchange on page 11 of the emails. The email originates from Attorney Rogowski (Gogebic) to “Scott and Keith” – no doubt Keith Gilkes (Gov. office) and Walker himself. The email is an introduction to Marc Holtzman “meeting with Scott (Walker)” to help with his campaign – including “contributing.” Marc Holtzman is Vice-Chair of Barclay’s and failed 2006 GOP candidate for Colorado Governor from Aspen. The contact was initiated by Larry Wolk, President and COO of Correctional Healthcare Management in Colorado – now pushing for privatized correctional healthcare nationwide. Always a campaign for Walker. But we’ve digressed.
WHD senior partners have been rewarded well for their service in writing mining legislation for Walker, GOP, and G-TAC. In February 2011, Mary Stitt (husband Donald is partner with WHD) was paid $215,000 by the Walker Campaign as “lead fundraiser” for Scott Walker. In July 2011, Don Daugherty, Senior Partner at WHD was appointed to Walker’s “Judicial Selection Advisory Commission.” WHD Partners also contributed $6,000 just in individual contributions to the Walker recall campaign.
With all this effort and investment, it would seem unlikely G-TAC would just “pack it up.” This is not mere speculation – they are waiting for the right time, and it will be January 2013.
A letter dated January 16, 2012 from The Wisconsin Mining Association (Tim Sullivan, President) urged Assembly passage of AB426:
Our board is supportive of AB 426 because
we believe the legislation accomplishes…goals critical to creating a reasonable regulatory framework under which we can promote responsible iron mining in this state.
At the bottom of the list of WMA Board Members are two names – Jim and Kennan Wood, of Wood Communications Group. Today, as Badger Democracy was preparing this expose, The Progressive published a July 19, 2012 letter from Wisconsin Manufacturers and Commerce Senior Vice President James Buchen to Kennan Wood. The letter references a meeting between “Kurt (Bauer), Scott (Manley – WMC Director of Environment and Energy Policy), and Buchen. The strategy is laid out, confirming the lobbying activity and connecting the dots. In brief, the strategy is to continue allowing G-TAC to take the lead in any further legislation, and wait out the results of the November election – without mentioning the issue to “George Meyer, Bob Jauch, or anyone else.”
Sorry WMC, WMA, and G-TAC – your secret is out. The question is, why is this being pursued so persistently? Former chief state geologist Bruce Brown has questioned the economic feasibility of the Gogebic Taconite mine. While G-TAC had received permits to do exploratory sample drilling, they have since cancelled those permits. According to the DNR, G-TAC has not taken any core samples at the mine site. According to Brown, there are two major issues. First – the sharp pitch of the iron ore. Normal pitch is around 50-56 degrees; at the Gogebic site, the pitch is 60-70 degrees. Second, the surface rock, according to Brown, is very deep – and may have a heavy sulfide composition creating additional costly extraction issues.
The DNR considers the Gogebic Mine to be a non-issue, remarking that the company has ceased all operations and cancelled permits. Yet they continue to invest political and financial capital into the project. If they haven’t taken samples, what are they (literally) banking on?
One anonymous DNR scientist shed some light on that question. The current mineral rights are owned by three companies – LaPoint, RGGS, and US Steel. According to the DNR, US Steel had made many exploratory efforts in the Gogebic range from 1950-1970. G-TAC is leasing the mining rights to that land from those companies. It is very possible that G-TAC has already seen results of core tests previously taken by US Steel. The effort being put into this legislative process by G-TAC is consistent with having knowledge, even if slightly outdated, that the mine would be highly profitable.
For the record, G-TAC did not respond to repeated questions regarding this article. Should the GOP take the elections in November, we will see a mining bill, written by G-TAC, again. And they will have an even greater vested interest in its passage.
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Sand Mine growth outpaces WI DNR ability, will to monitor and regulate
The unprecedented growth of sand mining in West Central Wisconsin over the past year has created a policy crisis for the state and the DNR. The above statement reveals the nature of this policy lapse. First, the lack of effective and accurate measurement, monitoring, and regulation of air quality. Second, the current DNR (and state) administration is ignoring potential future health impact of airborne crystalline silica.
Silica studies done by DNR scientists have been extensive – as the agency had anticipated the boom in sand mining over the past decade. The most extensive study (NR445) was to have been completed under Administrative Rule by July 1, 2006. It was finalized and submitted 5 years late – August 2011. The study specifically cites the shortcomings of current regulatory methods and standards:
The health risks for crystalline silica under PM4 (the size in microns – millionths of a meter – of most risk to humans) were documented in the report:
The report cites other non-cancerous illnesses as well, including pulmonary, kidney, and silcotuberculosis. Contrary to Cosh’s email to the Walker Administration – there are numerous studies that document effective testing. The problem in our current situation – it is not in practice or widely accepted.
An independent citizens group – “Concerned Chippewa Citizens” conducted its own study monitoring air quality around an operating mine near Chippewa Falls. The study conducted by Jeff Falk (a trained statistician from Fountain City) raises serious questions about air quality and testing, and acknowledges its own shortcomings – yet the data is consistent and concerning. There are numerous occurrences within a 24 hour period that potentially exceed EPA standards.
Independent studies are being conducted by Dr. Crispin Pierce at UW-Eau Claire on air quality around the sand mines. Dr. Pierce’s study took baseline samples prior to mine operation, and subsequently conducted sample taking after the mine became operational. The study took a “snapshot” of an 8-12 hour period; and according to Dr. Pierce, there was a noted increase in aerosol (particle and airborne) levels. While the study has not yet identified the nature of the “aerosol” particulate – something caused an increase. Dr. Pierce and his colleagues are continuing identification and sampling in the area of the mines.
The DNR is virtually ignoring these independent studies, citing a “flawed” gathering mechanism. The DNR points to the standard it enforces as being sufficient for the current operations. There are several problems with these “standards.” There are exemptions which (under the current “job creation” and customer service mission of state agencies) are relatively loose compared to health consequences. Also, by DNR admission, the air monitoring science and evaluation is insufficient.
Sampling (where applicable) only needs to take place every 6 days at PM10 – in which case you “oversample,” capturing a high amount of irrelevant material. Or PM 2.5 in which case you “undersample”, much of the critical PM 4 particulate escaping. This is important – the ideal sample standard is PM 4. The gathering method and standard for this does not exist. As one DNR official admitted, the mining development moved faster than regulation.
Taking into account the consequences, lack of accurate measurement surrounding air quality and sand mining, and the known health risks involved, the DNR and state should immediately issue a moratorium on sand mining development.
The final issue being completely ignored by the state agency charged with protecting natural resources is this – the sand country of Aldo Leopold is being ravaged, with little to no state regulation of protection of this unique environment. In fact, it is the unique-in-all-the-world that makes this land so valuable, even to the mining companies.
The legacy of this Administration and DNR is being carved out of the sand and earth. It will be years before we know the health and environmental costs. Weighed against how long the jobs will last, and what (if any) other revenue benefit to the region there is – one must ask – is it worth it?
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Posted by Badger Democracy on July 27, 2012
http://bdgrdemocracy.wordpress.com/2012/07/27/sand-mine-growth-outpaces-wi-dnr-ability-will-to-monitor-and-regulate/