Defender
Winter 2018 we believe everyone deserves clean water and clean air
EMBOLDENED
Foxconn Deal Opened the Door to New Threats to Our Environment and Public Health By Sarah Barry Director of Government Relations
Prachatai/Flickr
On September 18, 2017, a sweeping and controversial proposal to lure the Taiwanese LCD screen manufacturer Foxconn to Wisconsin became law after a contentious special legislative session. Among many concerning provisions, the bill for Foxconn exempts the 20 million square foot industrial development from all state wetland permits, eliminates the Environmental Impact Statement, eliminates permitting for transmission and power needs, and removes all permitting for altering the course of streams. But the Foxconn exemptions were just the beginning, setting the stage for some of the most sweeping anti-environmental legislation proposed in Wisconsin in several years. As if a planned Trojan Horse, Foxconn has been pointed to as “proof of concept” to allow for similar exemptions to apply statewide. At the end of September, Senator Roger Roth and Representatives Jim Steineke and Rob Stafsholt circulated a bill that would exempt all state wetlands from permitting and oversight,
Joshua Meyer/Flickr
allowing developers to fill in these valuable wetlands at will. The wetlands at stake include over 1 million acres of the 5 million acres of naturally occurring wetlands in the state. In addition, Senate Bill 600 and Assembly Bill 547 will exempt artificial wetlands from permitting and mitigation requirements, even if they have a significant functional value. The proposal had a joint public hearing at the very end of December. The Senate and Assembly committees are poised to act soon. Our wetlands are critical ecosystems that help protect communities from flooding, provide habitat for rare and endangered species, and they are a place for people to recreate. With less wetlands, we can expect to see more flooding, compromised water quality, and huge costs to communities for property damage. Over the last decade large rain events in Southeast and Western Wisconsin led to significant flooding. This year, a rain event in Northern Wisconsin, which dropped approximately a foot of water in five hours, caused nearly
File photo
$35 million in damage. With the loss of protection for our state isolated wetlands, we can expect to see more flooding and higher costs to taxpayers and communities for clean-up. While attempting to wipe out all state-level protections for wetlands, the legislature also recently advanced measures that will undo all state-level protections for hazardous air pollutants. Anti-environmental legislators like Senator Duey Stroebel feel emboldened in this postFoxconn moment to make sweeping changes to our common-sense protections that protect public health and page 8 wellbeing. While the federal government sets limits for air emissions that impact the entire country, states have been encouraged to set limits on pollutants when there are local or regional considerations. Wisconsin’s Department of Natural Resources has highlighted the fact that the federal-level protections may not address the most dangerous air pollution emissions in Wisconsin.
Isolated wetlands are more important than their name suggests, .
continued on Page 6
Nonprofit Org U.S. Postage PAID Permit No. 1291 Madison, WI
Help on the Horizon Manure Spreading Rules Advance to Governor’s Desk
Clean Wisconsin 634 W. Main St., #300 Madison, WI 53703-2500
By Scott Laeser, Water Program Director
Children in Kewaunee County watch as their bathtub fills with manure-tainted water. (Chuck Wagner/ River Alliance of Wisconsin)
In 2014, Clean Wisconsin, partner environmental groups, and local citizens petitioned the US Environmental Protection Agency (EPA) for emergency action to address the drinking water contamination in Kewaunee County. In the three plus years since that petition, we have been diligently engaged with the EPA and the Wisconsin
Also in this issue
Department of Natural Resources (DNR) to try to improve the dire situation in the area, where over 30% of well water is undrinkable due to contamination from bacteria and/or nitrates. On January 24, the Wisconsin Natural Resources Board unanimously approved a modest set of protections to start addressing continued on Page 6
High-Cap Well Update | Local Officials Tackle PAHs | Notes from our work in Milwaukee
&Events
News, Notes BECOME A SUSTAINING DONOR
Sustaining donations are our favorite kind of gift because they’re convenient for you and Clean Wisconsin. When you become a Sustaining Donor, it reduces paper and postage costs, divides your generous contribution into manageable monthly or quarterly payments, and provides Clean Wisconsin with a reliable stream of financial support. This means we can focus more on our work to protect Wisconsin’s air and water and less on fundraising. For more information, contact Sarah Bewitz at sbewitz@cleanwisconsin.org or set up your Sustaining donation online at www.cleanwisconsin.org/donate.
LEAVE A LEGACY WITH A PLANNED GIFT
Be a steward of Wisconsin’s air, water, and the places you love for generations to come by making a planned gift to Clean Wisconsin! We hope you’ll consider naming Clean Wisconsin as a beneficiary of your will or estate plan. There are many easy ways this can be done. These gifts don’t have to be large or complex, but they have huge impact. Anyone can leave a legacy. If you have already named Clean Wisconsin in your plan, please let us know. If you have any questions about leaving a legacy, contact Ryan Kelly at (608) 251-7020 x19 or rkelly@cleanwisconsin.org.
earthday birthday an eco pop-up celebration for clean wisconsin
STAFF President & CEO Mark Redsten Vice President of Programs & Government Relations Amber Meyer Smith Grants and Foundations Manager Alexandria Baker Director of Government Relations Sarah Barry Membership and Outreach Manager Sarah Bewitz Senior Director of Energy, Air & Science Tyson Cook Chief Financial Officer Nick Curran, CPA Communications Manager Jonathan Drewsen Staff Attorney Evan Feinauer
Staff Scientist Paul Mathewson Water Resources Specialist Ezra Meyer General Counsel Katie Nekola Staff Attorney & Milwaukee Program Director Pam Ritger
april 19
Green Infrastructure Program Associate Ethan Taxman
milwaukee
Of Counsel Susan Hedman
cleanwisconsin.org/earthday
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our Action Network at cleanwisconsin.org/act Stay informed • • Join Watch legislative floor sessions, committee hearings and on what’s interviews at wiseye.org happening in • Sign up to receive notifications about action on bills you our state care about at http://notify.legis.state.wi.us more about your legislators using the interactive government • Learn map at http://maps.legis.wisconsin.gov/
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On behalf of our more than 30,000 members, supporters, and coalition partners, we have been your leading voice for Wisconsin’s environment since 1970.
Water Program Director Scott Laeser
Join us to celebrate 48 years!
The Defender is owned and published quarterly by Clean Wisconsin 634 W. Main St., #300, Madison, WI 53703 608-251-7020, info@cleanwisconsin.org A one-year subscription membership is $40. Please direct correspondence to the address above. Volume 48, No. 1 Issue date: February 2018 ©2018 Clean Wisconsin. All rights reserved. ISSN # 1549-8107
Clean Wisconsin protects and preserves Wisconsin’s clean water, air, and natural heritage.
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634 W. Main St., #300 • Madison WI 53703 Phone: (608) 251-7020 www.cleanwisconsin.org
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Chair Liz Feder, Madison Vice Chair Karen Knetter, Madison Secretary Arun Soni, Chicago Treasurer Gof Thomson, New Glarus Past Chair Carl Sinderbrand, Middleton Belle Bergner, Milwaukee Shari Eggleson, Washburn Gary Goyke, Madison Andrew Hoyos, McFarland Mark McGuire, Minneapolis Glenn Reinl, Madison Michael Weiss, Milwaukee Board Emeritus Kate Gordon, San Francisco Board Emeritus Chuck McGinnis, Middleton
Winter 2018
Update: High-Cap Well Litigation Appeal
Colin/Flickr
Evan Feinauer, Staff Attorney On January 5th, the Wisconsin Department of Natural Resources (DNR) and special interest groups filed an appeal of Clean Wisconsin’s October 11, 2017 Circuit Court victory that reaffirmed the Public Trust Doctrine’s role in requiring DNR to take steps to protect the State’s waters from unsustainable groundwater pumping. We are confident that the Circuit Court’s ruling will be upheld on appeal, and we will continue advocating for a full and robust application of the Public Trust Doctrine to our precious water resources. This case addresses an unfortunate but unavoidable reality: groundwater pumping by high capacity wells can have negative impacts on nearby surface waters. In the hard-hit Central Sands Region, these impacts have been acute, causing rivers, lakes, and stream to recede or dry-up altogether. In some places, current groundwater pumping levels have simply become unsustainable. In October 2016, Clean Wisconsin filed this lawsuit, challenging DNR’s decision to issue eight high capacity well permits despite the fact that the department’s own staff determined that these wells would impact nearby lakes and streams. We argued that the DNR has a Constitutional duty to protect surface waters from over-pumping of groundwater. The Circuit Court agreed, ruling that DNR failed to fulfill its duty under the Public Trust Doctrine and that the eight high capacity well permits are therefore invalid. The Court understood that this result was obvious, considering the over 100 years of case law interpreting this critical doctrine, culminating in the recent Lake Beulah decision in which the Wisconsin Supreme Court unanimously found that the DNR has a Constitutional duty to protect surface waters from unsustainable groundwater withdrawals. We are confident the result will be obvious to the Court of Appeals, as well. The Public Trust Doctrine enshrines our shared natural heritage. It preserves the public’s ability to swim, fish, and boat on rivers and lakes, promotes tourism, and increases property values. Through this case, Clean Wisconsin will hold our government accountable, making sure it meets its responsibility to give these protections life and implement them in the manner they were intended, so that the benefits of the State’s waters are here for future generations.
from the President & CEO It’s hard to put a positive spin on the conditions we face in 2018 in our efforts to protect Wisconsin’s environment. After many years of polluter efforts to undo environmental protections at the state level, we’re now seeing anti-environmental leaders take the helm at federal agencies—agencies that Mark Redsten serve as a backstop to misguided acPresident & CEO tions of our state lawmakers and lax permit enforcement. Despite these challenges, in this issue of The Defender, we’re highlighting many opportunities and efforts we’re undertaking to protect Wisconsin’s air and water, with an emphasis on the water program. The Wisconsin Constitution guarantees that the waters of Wisconsin belong to all of us; that they can’t be harmed by a few reckless industry special interests. So we’re leading the charge to stop our DNR from issuing permits to pump large amounts of water from parts of our state where rivers are running dry and lakes are receding due to over-pumping. A Dane County Circuit Court judge affirmed our position, but sadly, the state leaders are challenging the common-sense decision. Drinking water wells are contaminated in places like Kewaunee County. Our Water Program Director, Scott Laeser, will describe the policy efforts to find relief for the people at risk in Northeast Wisconsin. That policy work has promise, but we’ll have a lot of work inside the Capitol to ensure the policy work actually becomes good policy. We’ll also describe the exciting work we’re doing with forward-thinking businesses and local communities where good ideas still reign. Ezra Meyer will describe our work to advance bans on cancer-causing driveway sealants. Pam Ritger gives an update on our work to change municipal codes and ordinances to remove unnecessary impervious surfaces that cause flooding and pollute our waterways, and our complementary work in Milwaukee neighborhoods to install more rain gardens, rain barrels, and “green” infrastructure. These are just a few important efforts we’re doing in our water program—work that’s supported by our government relations, science and legal teams and matched by work happening in our air and energy program, which we’ll describe in more detail in the Spring 2018 Defender. As always, this work is possible because you support us. And in 2017 you came out strong, answering our calls to action, and supporting us financially. We’ll need you this year, too, but it’s with great confidence and appreciation that I say, I know you’ll be there! You’ve demonstrated for nearly 50 years that you’ll join us in the fight to protect the places we love in Wisconsin, the outdoor traditions we value so dear, and the clean air and water we all deserve.
Clean Wisconsin is a proud member of www.cleanwisconsin.org 3
Local officials take steps to protect residents,rivers, and lakes from toxic driveway sealants By Ezra Meyer, Water Resources Specialist
Last year, we detailed the threats to the health of our families and to the aquatic life in our streams, rivers, and lakes from the chemical compounds known as polycyclic aromatic hydrocarbons (PAHs) found in certain pavement sealant products commonly used across Wisconsin. Pavement sealants are the black coatings often applied to asphalt driveways and parking lots. This time around, we have some great news to share: in 2017, with our help, four communities in southeastern Wisconsin have taken proactive steps to address the problem by adopting local policies limiting the use and sale of pavement sealant products high in PAHs. Because low- and no-PAH options are cost-competitive and readily available in the marketplace, these policies have no negative impact on homeowners or the pavement maintenance industry. These policies are a win-win for the environment and for public health. In February 2017, by a unanimous vote of the Common Council, the City of Milwaukee passed an ordinance to
keep high-PAH pavement sealant products from being used or sold in the city. The ordinance passed thanks to the leadership of Alderman Jim Bohl, who sits on the Council’s Public Works Committee and also serves as a Commissioner of the Milwaukee Metropolitan Sewerage District. Clean Wisconsin worked with Alderman Bohl to shape the best possible ordinance, which was adopted unanimously by the Council and addresses all of our key concerns. In March, a Northern Milwaukee suburb, Glendale, also passed an ordinance protecting the health of its residents and downstream water bodies by limiting the use of high-PAH pavement sealants. Thanks to the leadership of Mayor Bryan Kennedy, the PAHs ordinance in Glendale also passed unanimously. In August, the Village Board in Elm Grove, a Western Milwaukee suburb, ad-
Leading On Lead Passes The Legislature By Amber Meyer Smith, Vice President of Programs & Government Relations
On January 23rd, the Leading on lead bill was passed unanimously by the Senate. The bill now awaits the Governor’s signature to become law. The bill is a step forward in tackling the problems of lead drinking water pipes in Wisconsin. The bill, Senate Bill 48, was first introduced by Senator Rob Cowles (R-Allouez) and Representative Jeremy Thiesfeldt (R-Fond du Lac) last February. The bill’s goal is to tackle the high lead levels in many communities around Wisconsin by giving local governments 4
more financial tools for replacing lead pipes. While initial support for the bill was strong, opposition from the Wisconsin Manufacturers and Commerce spurred the passage of several amendments that weaken some aspects of the bill. Despite these somewhat damaging amendments, Clean Wisconsin remains supportive of the main goal of the bill: to help local governments get lead pipes replaced. We are excited to see this bill move forward and create more opportunities for communities and citizens to deal with this important drinking water issue. We exprect the Governor to sign the legislation into law.
Local bans on coal-based driveway sealants passed in places like Shorewood are aimed at protecting the Milwaukee River and Lake Michigan. Corey Hengen/iStock
opted an ordinance similar to Milwaukee’s, following a thorough vetting by Village staff and trustees. And in October, the Village of Shorewood, Milwaukee’s immediate neighbor to the north, followed suit with its own ordinance. The members of the Public Works Committee and the rest of Shorewood’s trustees deserve credit for their strong support of the environ(MPCA/Flickr) ment and public health with this action. Clean Wisconsin and the Southeastern Wisconsin Watersheds Trust are working together with local partners to inform local community leaders on this issue by providing sound scientific information and experiences of other communities around the region and the country with similar protections in place. We have seen, as evidenced by the four cases detailed above, that when local leaders understand the threats posed by high-PAH pavement sealants and the ready availability of safer alternatives, taking proactive steps to minimize the risk is a logical next step. And they see the value in putting these protections in place at the local level, where the threat is felt directly and where solutions can most directly target the problem. As we kick off 2018, several more southeastern Wisconsin communities have expressed interest in presentations and information on PAHs and pavement sealants, and we are happy to help them. We will continue to work with local leaders across the state on win-win solutions like these for both public health and the environment. More information on this topic is available on our website at www.cleanwisconsin.org/our-work/water/pah. Winter 2018
NOTES from MILWAUKEE
Take Back My Meds Milwaukee launches"Adopt-A Drop Box" program By Amber Meyer Smith, Vice President of Programs & Government Relations
agencies, and other citizen advocates. Recently, we’ve launched a new program to increase proper disposal of unused prescription drugs, protecting Milwaukee’s kids and drinking water. Unused medicine that gets thrown in the trash or flushed down the toilet in Milwaukee County travels in the rivers or sewers to lake Michigan, the
source of Milwaukee’s drinking water. Sewage treatment systems are not designed to break down medicine, and This summer we told you about research has an exciting coalition we are part shown the of—the Take Back My Meds Milpresence of inwaukee Coalition. The Coalition tact drug comis a group of health care advocates, pounds up to drug abuse prevention groups, enthree miles from sewer outfalls in vironmentalists, law enforcement Lake Michigan. In addition to concerns about contaminating our drinking water, unused prescriptions left in medicine cabinets can too easily get into the wrong hands and are a major factor in drug overdoses, the leading cause of accidental death in Milwaukee County. We know that in order to educate people about the dangers of improper drug disposal and to encourage them to act responsibly, convenient access to drug drop boxes can make a huge difference. Drug drop Members of the Take Back My Meds Milwaukee Coalition outside the new drug drop box in the Hayat Pharmacy on Burleigh St. boxes located in pharmain Milwaukee (L-R): Angie Hagy, Milwaukee Health Department; Hashim Zaibak, CEO Hayat Pharmacy; Amber Meyer Smith, cies see particularly high Clean Wisconsin; Dr. Chip Morris, Medical Society of Milwaukee County; Jon Richards, Coalition Coordinator; and Kathy Schmitz, rates of use. Medical Society of Milwaukee County. (Amber Meyer Smith)
In order to encourage more pharmacy-hosted drop boxes, the Take Back My Meds Milwaukee Coalition has launched an “Adopt-a-drop box” program. Companies and organizations can sponsor drop boxes in pharmacies, and in October, the first adopted drop box was unveiled at the Hayat Pharmacy on Burleigh in Milwaukee, sponsored by the Medical Society of Milwaukee. The Coalition is also advocating for funding for an educational campaign to spread the word about proper medicine disposal and what citizens can do. Both the City of Milwaukee and the Milwaukee Metropolitan Sewerage District have pledged funding for an educational effort. Clean Wisconsin is excited to be part of the solution on the opioid crisis while also tackling an emerging drinking water contamination issue. Check out the new Coalition website and find a drop box near you at: www.takebackmymeds.com.
Clean Wisconsin completes 4th year of green infrastructure in Milwaukee Pam Ritger, Staff Attorney & Milwaukee Program Director
Clean Wisconsin recently completed our fourth year of outreach, education and community engagement around
green infrastructure: the use of rain barrels, rain gardens, permeable pavements and other practices that capture and reuse or infiltrate rainwater back into the soil to prevent it from run-
Workers from Clean Wisconsin, the Milwaukee Metropolitan Sewerage District, and Marek Landscaping present a completed rain garden to homeowners in August 2017. (Jon Drewsen)
ning off and contaminating our local water ways with pollutants it picks up along the way. In areas of Milwaukee where rainwater and wastewater are captured in a combin bed sewer system, installing green infrastructure practices also helps reduce the risk of flooding and the risk of basement back-ups and combined sewer overflows into Lake Michigan, the source of Milwaukee’s drinking water. Beyond its ability to costeffectively reduce stormwater runoff pollution, green infrastructure practices result in multiple environmental, social, and economic benefits to
neighborhoods, including increased pollinator habitat and improved water quality through rain gardens, boosted community engagement, and new job training opportunities in GI installation and maintenance. Continuing our partnerships with the Milwaukee Metropolitan Sewerage District (MMSD), neighborhood associations including Century City Triangle and Friends of Lincoln Park, community organizations like the 30th Street Industrial Corridor Corporation and Sherman Park Community Association, and with local sustainable landscaper, continued on Page 6
www.cleanwisconsin.org 5
NR151
meaningless and offer no real solutions for the people of Kewaunee County who have been fighting for almost three years to be able to this widespread drinking water contamination. drink the water coming from their taps. The rules sent to the Governor’s desk will Clean Wisconsin has repeatedly called for not solve the drinking water contamination state officials to recognize the benefits of these problem in Kewaunee County and elsewhere sensible manure spreading rules to citizens in Northeast Wisconsin, but they are a step in in Northeast Wisconsin and to taxpayers the right direction, and we hope the Governor across the state. Our state, local authorities, will approve them soon and send them to the and citizens are spending millions of dollars Legislature for review. on subsidized digesters, well replacement, The most important protections in water filtration systems, water kiosks, the rules include: and bottled water to combat the pathogen contamination in citizens’ • Prohibiting manure application wells. These protections could help within 250 feet of a private well and reduce those costs, as well as the within 300 feet upslope or 100 feet human health costs of consuming downslope of other groundwater contaminated water and lost work contamination points, like sinkholes. days and health care costs associated These are modest additional with the resulting illnesses. A recent protections for vulnerable geological report in the Wisconsin State Journal features that can help reduce the illuminated another unfortunate contamination that is occurring with consequence of contaminated wells the current setback requirements in and other issues associated with place. Kewaunee County produces 700 million gallons of cow manure annually, three times the waste volume large farms; homes near large dairy • Prohibiting manure application produced by all Wisconsin residents. operations in Kewaunee County on areas with less than two feet of are selling 13% below their assessed soil above the bedrock. These are the riskiest called on the DNR to use existing rules and tools value. This is yet another reason for the state areas to apply manure at any time of year and to improve manure spreading practices across to act to address this urgent problem. prohibiting manure application is the most Wisconsin. We must work to prevent Southwest These rules are already only a modest step to prudent action. Wisconsin from becoming the next Kewaunee. address an urgent drinking water contamination Despite some progress, we are concerned problem; any moves to weaken them will amount • Restricting when, how, and how much that special interests are seeking to derail to a failure of government to adequately address manure is applied. It’s critical to reduce or eliminate manure applications at the most these modest drinking water protections this problem. Citizens in Northeast Wisconsin vulnerable times of year. We must put less from moving forward. We were extremely deserve a serious, committed response to manure on the most vulnerable parts of the disappointed with the tenor of some of the livestock pollution in their wells and a focused landscape, which include areas with up to 20 comments to the draft rule proposing to effort to implement these rules quickly. Clean weaken it. If, for example, the sensitive area Wisconsin is already working with key legislators feet soil depth to bedrock. definition is revised to only include areas with in the Capitol to help these protections become • Apply manure spreading requirements less than five feet depth to bedrock, it would the law of the land so Northeast Wisconsin in areas up to 20 feet depth to bedrock, eliminate new protections for thousands of citizens are on a path to having access to clean which provides an estimated 24,693 well well owners. This rule package would become drinking water again. owners with stronger well protections. continued from cover
Foxconn continued from cover
This is because federal standards often apply only to very large facilities with tall exhaust towers and other measures that reduce public exposure. State-level protections enacted in 1988 and revised in 2004 provide safety for people who may be exposed to the pollution from smaller facilities that are often located near residential neighborhoods and can pose a far greater public exposure and health risk. Wisconsin’s state level air pollution protections, which cover over 350 known hazardous air pollutants, have been highly effective. Senate Bill 459 has already passed in committee and it is available to come before the full Senate at the beginning of the year. There is no question that foundational environmental protections are under threat in Wisconsin. The anti-environmental provisions in the Foxconn proposal have encouraged a brazen and sweeping attempt to undermine decades of work to protect our resources and keep clean air and water a priority in communities throughout Wisconsin. The legislative session is expected to wrap up by the end of February or early March. Now is the time to take action and contact legislators and other policy makers to express strong support for the resources that sustain us, keep us healthy, and allow us to recreate in one of the most beautiful 6
The rules the NRB approved are proposed to cover only about 15 percent of agricultural lands in a particularly vulnerable part of the state, but they leave out other parts of the state vulnerable to groundwater contamination. Clean Wisconsin has repeatedly called for DNR to commit resources to intensively study Southwest Wisconsin and other vulnerable areas in the state to better understand the nature and extent of contamination that existing research has shown. Additionally, Clean Wisconsin has
regions of the world. Please sign up for our action alerts, visit our website, and contact us by email to express your support for protecting the environment and fighting threats as they come.
Green Infrastructure continued from page 5
Marek Landscaping, Clean Wisconsin has helped install 361 rain barrels and 40 rain gardens on residents’ homes in 28 Milwaukee neighborhoods surrounding the 30th Street Industrial Corridor. Cumulatively, that green infrastructure captures nearly 25,000 gallons of storm water per storm and over 1.2 million gallons of storm water per year, the equivalent of about 25,000 bathtubs full of water per year. The expertise we’ve gained in green infrastructure through on-the-ground, community-level work has led Clean Wisconsin to take a leading role on efforts critical to scaling-up green infrastructure throughout the greater Milwaukee region. We’re engaged with several municipalities to help them update their local codes and ordinances to allow and encourage innovative green infrastructure practices, with two municipalities close to adopting recommended changes in early 2018 and an additional eight targeted for adoption later in the year.
Clean Wisconsin, in partnership with MMSD and Southeastern Wisconsin Watersheds Trust, is also providing significant support to MMSD’s Green Infrastructure Center of Excellence, a service center created to offer technical assistance and guidance to residents, institutions and businesses throughout greater Milwaukee interested in installing green infrastructure. Working closely with our partners, Clean Wisconsin is providing a series of workshops targeted at a variety of audiences, from residents to houses of worship to large developers. We held two successful workshops in 2017 and have an additional six scheduled for 2018. If you’re in the Milwaukee area, please check our website or social media outlets for details about attending a workshop soon! Winter 2018
contact your state representatives on the issues that matter most to you. If you’re not already a member, please consider donating to Clean Wisconsin, our state’s largest and oldest environmental organization. In doing so, you strengthen our voice as your environmental advocate, and you join a community of thousands of individuals who care about clean water, clean air, and protecting our natural heritage. A great time to make your first gift this year is Tuesday, March 6, 2018 for The Big Share! Throughout the day, your impact can be doubled (or even tripled!) thanks to generous matches. Finally, we’d love to see you at one of our events in 2018. You’ll have a great time and meet others, like you, who care about protecting our environment. Follow us on Facebook, Twitter, or Instagram, or go to cleanwisconsin.org/ events for more details on these upcoming events:
held all around the state. Last fall, we hosted this event at the University of Wisconsin Stevens Point and featured an expert panel discussion on local water quality and water quantity issues.
The greatest
threat to our planet is the belief that
someone else will save it.
Membership & Outreach News
By Sarah Bewitz, Membership & Outreach Manager
As the Membership and Outreach Manager, I have the privilege of being the first to read the notes and dedications that come in with your donations. We appreciate getting to know you and what issues you care most about through your notes of support and encouragement. A question I often receive: “What can I do in addition to
donating?” Our answer: Stay engaged and make your voice heard. Reading the Defender is a great way to stay up to date and in-the-know on our most pressing environmental issues and the science behind them. And if you join our email action network at cleanwisconsin.org/act, we’ll send you information on how to
_ Robert Swan, Polar Explorer
Doug LaFollette Speaker Series
These biannual events are free, open to the public, and
Earth Day Birthday
Did you know Clean Wisconsin was founded on the first Earth Day in 1970? Join us in downtown Milwaukee to celebrate with cocktails and appetizers from local chefs on Thursday, April 19th.
Epicurean Evening, Madison
Each year, chefs from around Madison come together to support our mission. They understand that to have quality ingredients and amazing food, you need a clean environment. Join us this year on Thursday, October 4th, 2018, when chefs from Sujeo, Heritage Tavern, Fresco, and Sardine each prepare a special course for attendees. Thanks for getting your hands on a copy of our quarterly publication, the Defender. We couldn’t do our work without you.
Thursday, March 9 Memorial Student Center University of Wisconsin-Stout, Menomonie 8:30 a.m. - 4:15 p.m.
2017 Planned Keynote Speakers LAND
WATER
PEOPLE
From the Red Cedar to the Gulf of Mexico What is and Can be Done
Quality Matters: Groundwater in the Red Cedar River Basin
We are all in this Together!
Rebecca Smith, Mississippi River Basin Project &
Director, The Nature Conservancy
Kevin Masarik, Groundwater Education Specialist, Center for Watershed Science & Education, UW-Stevens Point
Mary M. Kolar, District 1 Supervisor, Dane County Board of Supervisors Steve Rasmussen, District 4 Supervisor & Chair, Dunn County Board of Supervisors
More info online at www.uwstout.edu/profed/redcedar www.cleanwisconsin.org 7
Under the Lens Two U.S. Supreme Court cases in the early 2000s ruled that wetlands that do not have a “significant nexus” to or “significantly affect the chemical, physical and biological integrity” of navigable waters are not protected by the Clean Water Act. What this has meant is that so-called “isolated” wetlands lacking a permanent surface water connection to a navigable water have largely only been protected at the state level. As Sarah Barry writes in her article “Emboldened” (from the cover), the legislature is now considering a bill that will repeal protections for these wetlands that were unanimously passed following these Supreme Court decisions. This column takes a brief look at how referring to these wetlands as “isolated” is misleading because a lack of surface water connection does not mean these wetlands have no significant function within a watershed; quite the opposite. Wetland scientists immediately recognized this naming problem following the Supreme Court decisions and have worked to develop more accurate terminology. For example, the most commonly-used term, “geographically isolated wetlands,” (GIWs) was proposed to clarify that geographic isolation is distinct from hydrological or ecological isolation. GIWs are often connected to nearby lakes,
Why isolated wetlands are more important than the name suggests By Paul Mathewson, Staff Scientist
rivers, and streams by subsurface or groundwater connections. Studies have found that GIWs, just like federally-protected wetlands, function to reduce flooding risk in wet periods and help to maintain flow in dry periods. GIWs can capture runoff during storms and snowmelt that would otherwise run directly into the river, and then gradually release that water to the underlying water table. In turn, the replenished water table supplies the river with water to maintain flow in dry periods. In human-altered landscapes, runoff often contains nutrients, pesticides, and other pollutants that would otherwise run directly into lakes and rivers. However, when runoff is intercepted by GIWs, the pollutants can settle out into the wetland sediment, undergo microbial processing or be taken up by vegetation. Geographic isolation can actually enhance this function by allowing increased time for these cleansing processes to take place since incoming water isn’t flushed out as quickly as it would be in a wetland with a permanent surface water connection. Similarly, geographic isolation or only having standing water seasonally are important reasons why GIWs play a critical role in maintaining watershed biodiversity. It is difficult for fish to populate such wetlands,
which provides a safer place for animals like amphibians to deposit eggs and for juveniles to develop into adults. GIWs also increase the variety of soil conditions available in a watershed, which in turn increases plant and animal diversity. In sum, it is clear that geographic isolation does not eliminate a wetland’s function within the landscape, which is why GIWs deserve the same level of protection as other wetlands. Wetland scientists have argued that the existing science on GIWs is currently strong enough to warrant shifting the burden of proof from needing to prove a significant effect to assuming a significant effect for all wetlands. However, until that burden is shifted, it is important to maintain state-level protections for GIWs, particularly as significant resources are being spent in the state trying to reduce nutrient pollution and control stormwater. As one wetland scientist recognized back in 2003: “The construction of ‘rain-gardens’ is being promoted in the humid upper Midwest for their value in aquifer recharge...The irony of an effort to create artificial ephemeral wetlands, even as natural ones are being destroyed, needs no emphasis.”
Not in the toilet. Not in the trash. Properly disposing of unused prescriptions protects our kids & our water.
Find a drop box in Milwaukee: www.takebackmymeds.com 8
Winter 2018