Tomorrow, Wednesday January 23 at 9:00 AM, Room 411 South at the Wisconsin State Capitol will be the only scheduled hearing (for now) on the new Mining Bill. The hearing takes place before a joint committee, and will undoubtedly be contentious. One of the greatest miscarriages of justice in this process has been the omission of participation, and lack of recognition of the Bad River Nation and the impact on this legally sovereign entity.
This is intentional, as there is a hidden danger in the new Mining Bill which has received little attention in the press. The result, if this bill is passed, will be a bad law – which is what happens when corporate influence holds outsized sway over a legislative body. The only jobs that will be created if this bill passes will be for attorneys, and rightly so. The current bill has language that will virtually deregulate one of the greatest hazards to freshwater and the Great Lakes – sulfide ore. The passage of this bill could lead to mining activity that would turn surface water into acidic runoff, ruining the environment in one of the greatest freshwater basins on earth.
Senate/Assembly Bill 1, page 3 contains the Legislative Reference Bureau’s analysis of the change in “sulfide ore” regulation:
Current law prohibits DNR from issuing a permit for metallic mining in a sulfide ore body (a mineral deposit in which metals are mixed with sulfide minerals) unless it finds, based on information provided by the applicant, that two conditions are satisfied…Under the bill, these conditions on issuing a permit for metallic mining in a sulfide ore body do not apply to issuing a permit for iron mining.
The expedited release of sulfide ore deposits into surface water, and the damage it causes has been well documented over several decades:
The acidic discharge and metal-laden leachate from mining activities is known as acid mine drainage (“AMD”)…AMD is one of the most damaging and widespread pollutants associated with the mining industry throughout the world. As of 1997, over 60 mines or mineral processing plants were on CERCLA’s National Priorities List, indicating contamination so severe that it requires federally-funded cleanup. (S.R. Jennings, D.R. Neuman, and P.S. Blicker (2008). “Acid Mine Drainage and Effects on Fish Health and Ecology: A Review”. Reclamation Research Group Publication, Bozeman, MT for U.S. Fish and Wildlife Service, Anhorage Field Office. Available online at http://www.pebblescience.org/pdfs/Final_Lit_Review_AMD.pdf)
Among some legislators associated with this bill, there is confusion regarding iron ore mining and sulfides. This confusion has been propagated by GTAC, in the hopes of keeping the facts (and legislators) in the dark. Part of the confusion is based on facts regarding iron ore mining:
It is important at the outset to clarify some common confusion surrounding sulfide mining and to distinguish it from other traditional forms of mining in the region. While iron mining has a long history and still continues in the upper Midwest, it does not involve the mining
or disturbance of sulfide ores. Iron is generally mined out of an iron oxide ore, not an iron sulfide ore, and iron oxide ores do not degrade and toxify the same way that sulfide ores do. (Environmental Protection Agency, Region 5, “Great Lakes: Basic Information.” http://www.epa.gov/greatlakes/basicinfo.html)
The Penokee Range Taconite is unique, however. A report issued by the National Wildlife Federation (NWF) and scientists at Michigan Tech in March, 2012 draws the distinction:
This issue can be confusing because iron sulfides (e.g., pyrite, iron disulfide) are among the most prevalent of sulfide ores, so they are often the leading causes of acid mine drainage (“AMD”) in a sulfide mining operation. This does not, however, mean that iron mines are always associated with sulfurous AMD. In fact, the presence of sulfur in an iron ore is considered a weakening factor, rendering the ore undesirable for iron extraction. Iron sulfides are simply a common byproduct of the extraction of other metals from sulfide ore bodies.
A taconite mine that disturbs sulfide ore bodies, on the other hand, would present the same hazards as non-ferrous metallic mines. The Gogebic Taconite mine under development in northern Wisconsin is an example of a taconite mine that may disturb sulfide minerals.
A recent article published by The Wisconsin Academy titled “Ironwood: The Rocks of the Penokee Range” confirms and details the unique geological features of the formation:
Geologist Tom Fitz details the composition of the “Tyler Formation;” the large, wedge-shaped layer above the “Iron-Formation” layer (see figure, above).
There is also pyrite present in the Tyler Formation, some of which would end up in the tailings as well. When pulverized and put in contact with oxygen and water at the Earth’s surface, pyrite and other sulfide minerals can undergo chemical reactions that create sulfuric acid. This acid can leach harmful metals and compounds that end up in groundwater and surface water.
It is also possible that sulfate ions released during the weathering of pyrite would affect the growth of wild rice and other elements of the sensitive ecosystem found downstream from the mine.
The legislation passed in January 2012 by the Wisconsin State Assembly would have decreased the rigor required in scientific studies regarding potential impacts, making assessment of potential damages difficult. At the same time it would weaken many environmental regulations that protect the Bad River and its tributaries from significant water quality changes.
THAT is the hidden danger in the current Mining Bill. The authors have created a special exception for Iron Mining, taking away the regulations and processes that will protect the surface water and Lake Superior watershed from the harmful sulfides created from extracting iron ore through a heavily pyrite layer. The waste runoff created from destruction and disposal of the sulfide ore will have a longterm impact on regional water quality:
The major corporate entities poised to benefit from the bill have intentionally perpetrated a fraud in this bill, and it endangers the very lifeblood of North Central Wisconsin – the water. The reason? They cannot mine the ore because of the low price of iron, and make millions of dollars in profit unless they are able to pollute the water – and they know it. THAT is why they created this provision in the bill. From the NWF Mining Study cited above:
Wisconsin’s sulfide mining law has perhaps the greatest regulatory scope of any of the
U.S. jurisdictions surveyed…Notably, state agencies are charged with the essential task of completing the environmental review for the project in the application phase, rather than the permittee. Special attention is paid to siting criteria and water quality, and the financial assurance mechanisms are written to ensure that any necessary cleanup will be fully funded by the permittee.
If you wanted to make a quick, multi-million dollar deal on a mine, this is how you would do it.
For the record, this has NOTHING to do with creating jobs. It’s about creating a “boom” economy in North Central Wisconsin, so a few people can make a quick buck.
Who cleans up when the bubble bursts, as it always does?
Fitzgerald torpedoes GOP, open government, environment for WMC and Gogebic Mine…just another day in Fitzwalkerstan
Wisconsin State Senate Majority Leader (and subject of a recall effort) Scott Fitzgerald released a statement Wednesday afternoon which, by all accounts, has left his own party in political chaos. The Juneau Republican suddenly dissolved the Senate Select Committee on Mining Jobs, and informed the Republican Caucus that the Assembly version of the Mining Bill (AB426) would be taken up in the Joint Finance Committee on Friday; likely to be fast-tracked for a vote next Tuesday.
One of the significant differences in the Senate and Assembly versions of the bill were reportedly creating issues between GOP leadership and Wisconsin Manufacturers and Commerce (WMC). WMC not only holds the purse strings for many a GOP legislator, but have reported spending 386 hours lobbying for AB426. James Buchen, President of WMC, was recently reported as not favoring the Senate version of the bill. Gogebic Taconite was also resistant to the Senate version of the bill. Both WMC and Gogebic disliked the idea of “Contested Case Hearings” being restored in the Senate version of the bill. Contested Case Hearings would require public hearings, with “expert” testimony occurring under oath and subject to cross-examination. This factor, combined with more reasonable environmental consideration and potential for further public input in the Senate version, have raised the ire of WMC and Gogebic.
Mining Committee Chair Neal Kedzie had scheduled two hearings – the first in Platteville (appropriate based on Platteville’s history as a center of mining in Wisconsin, and highly regarded mining program at UW-Platteville), the second in Ashland – near the proposed Gogebic mine and in Democratic State Senator Bob Jauch’s District. Kedzie also promised his Committee would consider testimony and input from the Bad River Nation in finalizing the bill; something virtually ignored by the Assembly in Mary Williams’ Committee or the Assembly draft legislation. One member of the Mining Jobs Committee, Republican State Senator Dale Schultz is cited in two reports (Wisconsin State Journal and Milwaukee Journal Sentinel) as being unable to support the Assembly version of the bill. It appeared the final version of the bill, if it was to pass the Senate, would be significantly different that what Gogebic or WMC wanted.
In one drastic power play, Fitzgerald has eliminated any hope of the Senate Bill seeing the light of day in public hearings. He has assured fast-track passage of the bill out of the highly partisan Joint Finance Committee, to be available for a vote next Tuesday. This type of power play has been used against Senate Democratic members with regularity this session. In this case however, Fitzgerald has left members of his own party (including four – himself included – likely facing a recall election) highly exposed and “holding the bag.” They don’t seem particularly pleased – the question is – will this be the straw that causes the GOP camel to grow a spine?
In interviews Wednesday afternoon, three of the four (Kedzie, Cowles, and Schultz – Zipperer’s staff was unreachable) GOP Mining Committee Legislative staffers informed Badger Democracy that none of the Senators were consulted by Fitzgerald, nor were they aware the Select Committee they had served on for 5 months was being dissolved, or that the Senate Bill was virtually dead prior to reading Fitzgerald’s statement. Senator Neal Kedzie released a brief statement Wednesday afternoon, falling into lockstep with the GOP. His staffer added in a follow-up question that Senator Kedzie was “signing on as a co-sponsor ” to the Assembly Bill heading to Joint Finance, and had no further comment.
Democratic Senators Jauch and Miller released their own statements, expressing sheer disgust at the “declaration of war on responsible government” (Jauch). Fitzgerald’s actions today are a microcosm of the entire 2011-2012 session, and the blatant power-grab taking place at the hands of Scott Walker, The Fitzgeralds, and the GOP. There is subversion of public participation in the process at every turn, closed-door meetings, behind-the-scenes deals being cut on behalf of Corporate special interests, and an overt sell-out of the resources in Wisconsin to the most powerful and wealthy – at the expense of the majority of citizens and the environment.
The Mining Bill AB426 will pass out of Joint Finance – there is little doubt of that. The burning question lies with the Senate. In throwing his own party under the bus at a time when 4 GOP Senators will likely face recall elections, have the Corporatists and Fitzgerald finally gone too far? Kedzie, Cowles, and Schultz were left out (and Zipperer, most likely), as was the entire GOP Caucus. They reportedly spent Wednesday afternoon in meetings which were held to get them “in line.” Were they reminded of the threat from the Budget Repair Bill vote one year ago – vote with the party or face a Tea Party challenge in your next primary…loss of WMC backing…loss of ANY GOP money…?
The past year has seen courageous acts – not by any GOP legislators, but by the Democratic State Senators. The greatest of which was putting their career on the line, and standing up for what is right by denying a quorum to the GOP overreach for power. In leaving the state, they risked their own recall election, but are still standing, and representing their constituents – which is more than one can say for ANY of the GOP Senators.
In order for the Mining Bill to be blocked, two things must happen. The Joint Finance Hearing on Friday must be packed, with citizens in peaceful protest of this blatant disregard for Democracy. Fitzgerald’s actions are living proof of the strangle hold WMC and the GOP have on the idea of open, clean, and honest Government of, by, and for the people.
Finally – ONE GOP Senator must do something courageous. They must risk their political career for what they know is right. One GOP Senator must finally, after one long year, stand for Wisconsin and the people…not WMC or Corporatic interests. That Senator must understand the ends that comes from turning against your own, and the people, in the selling out of Wisconsin…and vote against this bill.
Fitzgerald must think he has (or will get) the votes one way or another, or he would not have taken this action. If the GOP falls into lockstep, yielding to the Corporatics, the New Robber Baron Age will officially be alive and thriving in Wisconsin. Scott Walker’s slogan “Open for Business” will take on new meaning – “Closed for the people and transparent government.” This is why the recall is critical and necessary. The likes of Scott Walker and Scott Fitzgerald have betrayed not only the people of the state, but their own party in a desire for power and favor with the Corporatist elite. The only remedy is the recall.
Solidarity!
Share this:
Like this:
Posted by Badger Democracy on February 15, 2012
http://bdgrdemocracy.wordpress.com/2012/02/15/fitzgerald-torpedoes-gop-open-government-environment-for-wmc-and-gogebic-mine-just-another-day-in-fitzwalkerstan/