Defender Fall 2018 by Clean Wisconsin

Defender

Fall 2018 we believe everyone deserves clean water and clean air

Clean Wisconsin water program director Scott Laeser opens a recent panel discussion on the new Southwest Wisconsin Groundwater & Geology (SWIGG) study in front of a full crowd in Mineral Point. The event was part of Clean Wisconsin’s La Follette Environmental Speakers Program. (Jon Drewsen/Clean Wisconsin)

Southwest Wisconsin counties launch well water quality study By Scott Laeser Water Program Director

While Game 5 of the NLCS Playoffs was taking place in LA between the Dodgers and Brewers in mid-October, over 75 Southwest Wisconsin residents turned out in Mineral Point to learn about drinking water quality in their communities and a new multi-county effort to protect it.

Drinking water contamination issues continue to surface around the state, and now some Southwest Wisconsin counties are stepping up to get on top of potential well water contamination issues there. Grant, Iowa, and Lafayette Counties have been in discussions for months to initiate and fund a comprehensive study of their private wells.

The Southwest Wisconsin Groundwater and Geology study, or SWIGG, will combine and leverage the resources of Grant, Iowa, and Lafayette County to conduct a broad survey of well water quality in Southwest Wisconsin and then use that data to see if wells are contaminated, where that contamination is coming from, and to identify what could be done to address it and prevent future contamination. Access to clean drinking water in the state is too often taken for granted. Only around 10% of private wells in Wisconsin are tested for contaminants like bacteria and nitrates even though evidence shows that in certain parts of the state, well water pollution is a growing problem. Bacteria and high levels of nitrates in drinking water make people sick, and they can be especially dangerous for pregnant women, babies, and young children and other folks with weaker immune systems. Southwest Wisconsin has some of the highest levels of coliform bacteria pollution in the state. The region also has higher than average numbers of cases of potentially waterborne diseases like Salmonella, E. coli, and Cryptosporidium. With this concerning public health data in combination with the fact that Southwest Wisconsin has cracked bedrock and shallow soils that can allow pollutants to enter groundwater, the counties rightly chose to step up and initiate this important study. The study will look at geological features like the types of bedrock wells are drilled into, how close wells are located to agricultural fields or septic systems, and how wells are constructed to identify where any contamination is coming from. continued on Page 5

Clean Wisconsin challenges EPA over ozone pollution

Clean Wisconsin 634 W. Main St., #300 Madison, WI 53703-2500

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By Sophia Rogers, Legal Intern

Linda, a Kenosha County resident and Clean Wisconsin member since 2003, suffers from asthma. She likes to walk her dogs for 45 minutes twice a day. To avoid exacerbating her asthma on high ozone days, she waits until the sun goes down to walk her dogs the second time. (Sophia Rogers)

Also in this issue

On August 1, 2018, Clean Wisconsin sued the Environmental Protection Agency (EPA) in federal court, challenging a rule that exposes thousands of Wisconsin residents to ozone pollution. This unjust rule is just one in a series of Trump Administration policies that ignore air pollution at the cost of harm to public health. Ground-level ozone (O3), often called “smog,” is an ambient air pollutant that harms our lungs and makes breathing difficult. Ozone forms from two precursors—nitrous oxides (NOX) and volatile organic compounds (VOCs)— which are emitted by mobile sources (such as cars and trucks) and stationary sources (such as power plants). When these precursors react in hot sunlight—when people are more likely to be outside—they form ozone. Inhaling ozone is particularly harmful for children, the elderly, and people with respiratory conditions. Ozone pollution can exacerbate and trigger respiratory conditions such as asthma, chronic obstructive continued on Page 5

Legal Department Updates | Breaking Down Climate Report | Clean Power Plan Alternatives

&Events

News, Notes

634 W. Main St., #300 • Madison WI 53703 Phone: (608) 251-7020 www.cleanwisconsin.org

CLEAN WISCONSIN APPROVES DIVERSITY STATEMENT In October, Clean Wisconsin’s Board of Directors approved a Diversity, Equity and Inclusion statement formalizing our commitment to protecting and preserving Wisconsin’s clean water and clean air for everyone. The statement reflects our efforts to not only integrate equity into Clean Wisconsin’s mission and every aspect of our program work, but also establish a more inclusive environment internally, by continuing to elevate marginalized voices. At the highest level, we will work to not only diversify the Board, Staff, and our program work, but also position climate justice education as a priority for the organization. We recognize that advancing equity is essential to our work, the environmental justice movement and the social justice movement as a whole. You can read the full Diversity, Equity and Inclusion statement below. You can also find it on our website at www.cleanwisconsin. org/diversity. Clean Wisconsin's diversity, equity and inclusion statement: Clean Wisconsin is committed to equity and inclusion.Our mission to protect and preserve the clean water, air, and special places of our state is non-discriminatory. Everyone, regardless of age, gender, sexual orientation, race, nationality, ethnicity, citizenship, disability status, income, and religion, deserves the right to breathe clean air, drink clean water, and live in a state which embraces a healthy environment as a part of a strong economy. Unfortunately, the burden of environmental degradation often falls on the most disempowered groups in our society. Clean Wisconsin works to address these environmental injustices, from issues such as climate change, access to clean drinking water, and air pollution and its health effects by elevating and empowering marginalized voices. Beyond our work, Clean Wisconsin has formed an ad hoc committee dedicated to addressing implicit biases through implementing equitable hiring practices and mindfully approaching our program work. We do not tolerate harassment, discrimination, oppression, or retaliation. We are aware of the prejudices within our society, specifically noticeable in the faces of the environmental community. We are working to address these biases, because we understand that the true heart of environmental work means advocating for those who are unable to advocate for their own needs. Advancing equity is essential to our work. 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/ 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. 4 Issue date: November 2018 ©2018 Clean Wisconsin. All rights reserved. ISSN # 1549-8107

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Clean Wisconsin protects and preserves Wisconsin’s clean water, air, and natural heritage. 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.

STAFF President & CEO Mark Redsten Vice President of Programs & Government Relations Amber Meyer Smith Grants and Foundations Manager Alexandria Baker Membership and Outreach Manager Sarah Bewitz Director of Energy, Air Scott Blankman Chief Financial Officer Nick Curran, CPA Communications Manager Jonathan Drewsen Staff Attorney Evan Feinauer Development Manager Ryan Kelly Water Program Director Scott Laeser Staff Scientist Paul Mathewson Water Resources Specialist Ezra Meyer General Counsel Katie Nekola Staff Attorney & Milwaukee Program Director Pam Ritger Green Infrastructure Program Associate Ethan Taxman Of Counsel Susan Hedman

BOARD 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 Katie Jones, Wisconsin Dells Erik Lincoln, Lodi Mark McGuire, Minneapolis Josh Neudorfer, Shorewood Glenn Reinl, Madison Michael Weiss, Milwaukee Board Emeritus Kate Gordon, San Francisco Board Emeritus Chuck McGinnis, Middleton

Fall 2018

No question: recent 100-Year Flood signals climate change is here

By Jon Drewsen, Communications Manager

Flooding rocked much of Wisconsin this summer, with record rains falling in Dane County. UW researchers have long stated that climate change will bring increases in heavy precipitation in Wisconsin. (Ezra Meyer)

There’s no question: climate change is making weather in Wisconsin more dangerous, costly, and deadly. Much of Wisconsin experienced record flooding after heavy rains poured down on our communities this summer. When historic amounts of rain lead to death and this amount of destruction, we cannot afford to look the other way and deny reality. These storms, such as the one we saw in Dane County, are downright scary. Our streets littered with abandoned, submerged cars. Railroad tracks were destroyed; roadways were rushing rivers. The science community, including researchers at the University of Wisconsin, has been loud and clear for years: we should expect to see stronger, more frequent storms as climate change progresses. The term “100 year flood” no longer fits what are becoming regular events. In June, northern Wisconsin saw historic rain falls, closing major highways for weeks. In August and September, heavy rain left much of Eastern, Western, and Southern Wisconsin underwater, leading the Governor to issue a state of emergency for all of Wisconsin. The impacts of climate change have real consequences. Storms like these inflict damages that cost millions of dollars to public and private property. They threaten our safety and sense of security. Sadly, they can kill people, as they did this summer—twice. We know we must confront changing climate head on, but our elected leaders are taking us in the opposite direction. Instead of protecting our wetlands, a natural defense against flooding, lawmakers in Madison gutted our state wetland protections. Just hours after the rains stopped falling in Dane County, President Trump unveiled his Clean Power Plan replacement, which will pump hundreds of millions of tons of carbon dioxide into the atmosphere. Many have forged ahead to tackle the issue. Dane County Executive Joe Parisi has been a leader in local efforts to curb climate change. He recently formed the Dane County Council on Climate Change to issue bold recommendations to reduce the county’s carbon pollution and strengthen climate resiliency. It’s clear that after this summer’s flooding, those forthcoming recommendations need to be taken seriously. Across the state, utilities have made strong statements to transition to cleaner energy sources. Local citizens have made simple but helpful changes to their daily routines, embodying the motto, “think global, act local.” But climate change is not going away on its own. We need our state and federal elected leaders to recognize that the increase in extreme weather is brought on by climate change. Then we need them to take bold, courageous, and swift action to reduce carbon dioxide pollution and prepare our communities for the negative impacts we now face. Climate change is the defining issue of our time. With climate change as a catalyst, we can spark economic growth by investing in people, infrastructure, technology, and energy, while protecting our grandkids’ future. That future, however, demands decisive action today.

from the President & CEO This Defender highlights just some of the important work happening at Clean Wisconsin. Our legal team is working to stop the Trump Administration from enacting changes to ozone pollution rules—changes that mean more air pollution that is linked to serious respiratory illnesses like asthma and emphysema. Our water program is helping residents and local leaders in Northeast and Southwest Wisconsin understand Mark Redsten the scope and health dangers of President & CEO manure-contaminated drinking water wells. And our energy team is commenting on the Federal government’s inadequate replacement of the Clean Power Plan, while collaborating with utilities on short-and long-term solutions to reduce carbon pollution and promote clean energy. Every bit of this work needs to happen, and could not be more important. The costs of and the health impacts from climate change and water and air pollution are enormous and widespread throughout our state. This year, we felt the impacts of climate change: record-setting, catastrophic flooding across the state, from Madison to Lake Superior, caused hundreds of millions of dollars of property damage, ruined people financially, and even took the lives of people caught in raging storm water. Furthermore, due to the way we spread manure, thousands of people in rural Wisconsin are getting sick and cannot drink their water without drilling expensive new wells or installing costly purification systems. And if EPA's plans to weaken ozone standards go through, many vulnerable populations in Wisconsin will be exposed to harmful pollution that threatens their health and wellbeing. As a life-long resident of Wisconsin, I’ve been extremely concerned about our state government’s response to these many problems. But as President of Clean Wisconsin, I’m proud of this organization’s work to protect and preserve Wisconsin’s environment, which also means protecting our public health and pocketbooks. We make the lives of everyday people throughout Wisconsin better, from Lafayette to Kewaunee County, from the shores of Lake Superior to your backyard. As always, thank you for your part in making our work possible.

clean wisconsin is a proud member of

www.cleanwisconsin.org 3

Trump's Clean Power Plan replacement misses the mark While propping up outdated coal, proposed plan threatens public health, climate By Scott Blankman Director of Energy, Air

In August, the EPA proposed a rule intended to replace President Obama’s Clean Power Plan, which had served as the backbone for the United States’ leadership in the Paris Climate Accord and as a catalyst for Wisconsin utilities to reduce carbon emissions and tranisition to renewable energy. The proposed rule weakens environmental standards and attempts to extend the life of coal while keeping a campaign promise for the President, who champions the coal industry from the Oval Office. The proposed rule fails to seriously curb carbon emissions even when, just last month, United Nations scientists issued a report (see story on page 8) with a dire warning: the world has just over a decade to get climate change under control before we start seeing major risks to humans and our planet. The proposed rule requires additional investments in coal plants to improve their operating performance, as an alternative to continuing to invest in clean and cost effective renewable energy. Trump’s misplaced efforts to prop up the coal industry are highlighted by the roll back of the Clean Power Plan because he ignores what the energy industry already knows: phasing out coal in favor of clean, affordable renewable energy makes economic sense. Utilities have indicated as much. A recent Reuters survey found that, of utilities who announced plans to close their coal plants, none of them expects the EPA proposal to affect the timing of those closures. Utilities suggest a transition away from coal—driven by customer preferences for renewable energy, declining costs, and economics—is already underway. We need leadership to accelerate the transition to clean energy. Analysis done by the Trump administration shows that this proposed rule has serious consequences for our health. The administration states that this proposed rule could result in upwards of 1,400 premature

Increases in heavy precipitation measured between 1958 and 2012. The Midwest region has seen the second-highest increase in heavy precipitation events in the U.S. (National Climate Assessment)

deaths annually by 2030 from respiratory illnesses, due to more fine particulate matter from burning coal, The New York Times recently reported. With this proposed rule, our skies will be filled with more pollution, leading to more respiratory diseases, especially for kids and the elderly. In addition, this also exacerbates issues associated with ozone, another air pollutant that harms our health, which Clean Wisconsin is already suing the EPA over regarding recent changes in Wisconsin. In 2011, the Wisconsin Initiative on Climate Change Impacts released its first comprehensive

Clean Wisconsin finds state continues to permit high-capacity wells near sensitive waters By Evan Feinauer Staff Attorney

Long Lake has long been the example of negatively impacted surface waters due to over-pumping from nearby high-capacity wells. Clean Wisconsin analysis shows that DNR is continuing to neglect it’s duty to protect surface waters when permitting for these massive wells, even after the Dane County Circuit Court affirmed this duty. (George Kraft)

report, Wisconsin’s Changing Climate: Impacts and Adaptation. One of the report’s findings was the 1.1-degree statewide temperature increase between 1950 and 2006 and a rise in temperature increases the air’s capacity to hold moisture, which contributes to significant rain events and flooding. We felt the impacts a warming climate with this summer’s onslaught of historic rain events across Wisconsin. Taxpayers bear the brunt of the costs for flood damage, power outages and redesign of stormwater systems continued on Page 5

As the Wisconsin State Journal reported on Oct. 29, DNR records uncovered by Clean Wisconsin reveal a continued threat from high capacity wells to our precious groundwater resources. Since the Attorney General issued an erroneous legal opinion stripping DNR’s groundwater experts of much of their authority to review high capacity well permits in 2016, the DNR has stopped looking at the impact these industrialsized wells are having on waterways. Over the summer, Clean Wisconsin reviewed high capacity well permits recently issued by DNR and found that new wells are being approved—with little to no review of environmental impacts— next to waterways that DNR acknowledges are already significantly impacted by existing wells. We know those waters are already impacted by high capacity wells because we won a lawsuit proving it. You may recall that in October 2017 a circuit court judge ruled in Clean Wisconsin’s favor, agreeing that DNR broke the law when it issued permits for high capacity wells it knew would harm trout streams, and invalidating those permits. The permits Clean Wisconsin reviewed this summer all came after this ruling. continued page 7

Fall 2018

Ozone continued from cover pulmonary disease (COPD), bronchitis, and emphysema. Beth, a practicing physician and Clean Wisconsin member since 2002, understands people need clean air to live healthy, productive lives. “Ground-level ozone significantly damages people’s lungs— especially young kids. My patients, and all of us, need clean air for our communities and our young ones to lead healthy lives and thrive.” Most parts of Wisconsin have exceptionally clean air, which allows us to enjoy our summers outdoors without sacrificing our health. In fact, many of our members have told us that they go outside constantly in the summer to exercise, garden, entertain, and relax. However, high concentrations of ozone pollution in Door, Kenosha, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha Counties endanger the health of those who live, work, or recreate in those counties every time they go outside on summer days. Unlike other ambient air pollutants, ozone pollution is a clear gas, but its health impacts are no less important. Clean Wisconsin member Mary, a long-time Racine resident, joined Clean Wisconsin in 2016 specifically to support our work on clean air. She understands that the emissions we put in the air can impact everyone, whether or not we can see the pollution. Mary told us, “When we are dismissive of the environmental issues that are easy to ignore, the community suffers.” The Clean Air Act requires EPA protect the public from health impacts of ozone pollution. To do this, the EPA must determine which areas of the country need to reduce concentrations of ozone pollution to a level that meets health-based standards. After EPA identifies these areas, the Clean Air Act requires the states where they are located to take affirmative steps to reduce ozone pollution, and EPA holds states accountable for their progress. To evaluate improvement and

Clean Power continued from page 4

to handle the increase in precipitation. While the Trump Administration tries to support energy of the past, Wisconsin utilities are moving forward with 21st century clean energy technology. Recent announcements by utilities point to a future with more renewables and less coal, evidenced by commitments to stop burning coal by 2050, goals to reduce carbon emissions by 80% from 2005 levels by 2050, and ongoing retirements of coal plants. Additionally, there are promising signs the clean energy transition is gaining momentum in Wisconsin. Nearly 5,000 Megawatts of solar, 1,000 Megawatts of wind, and 170 Megawatts of battery storage projects are being evaluated in Wisconsin. At the local level, we are already seeing bold action. There are initiatives across the state to adopt clean energy plans and reduce emissions, from Dane County, Eau Claire and Green Bay to the Fox Cities and Racine. In city and county halls across Wisconsin, there is a strong commitment to reduce fossil fuel emissions and invite clean energy.

For many years, Clean Wisconsin has worked with stakeholders to accelerate the transition to renewable energy, increse energy efficiency, and influence policy to enable this transition. Although we are seeing positive developments, the recent U.N. warnings show we need a dramatic shift in our current trajectory in order to achieve these daunting emission targets. Our elected leaders in Madison and Washington need to lead the way. Ulility-led efforts to address climate change will only get us so far, but without bold laws and policies aimed at tackling this issue head on, it will not be enough. C l e a r l y, t h e Tr u mp administration’s proposed rule takes us the wrong direction. That’s where you come in. As concerned citizens, you have the power to put pressure on our elected leaders to make the courageous changes necessary to deal with the greatest challenge of our lifetimes. While the comment period for this proposed rule has passed, your engagement is critical to help push our state and nation to boldly address the pressing climate change and energy issues. Sign up for our Action Network today at www. cleanwisconsin.org/act.

to prevent backsliding in air quality, the Clean Air Act requires EPA to assess air quality to identify areas that fail to attain federal health-based ozone standards every five years. Since its inception, the Clean Air Act has been extremely effective at protecting people from the health impacts of air pollution, without negatively impacting the economy. From 1970 to 2017, aggregate national emissions of six major pollutants dropped an average of 73 percent, while gross domestic product grew by 324 percent. (For more trends information, see EPA’s Air Trends site: epa.gov/air-trends.) In December 2017, EPA identified all the areas indicated in green on the accompanying map as areas that fail to meet the health-based standards for ozone pollution established by the Clean Air Act. Less than six months later, EPA made significant changes and, in its final rule, designated only the areas indicated with hash marks as failing the health-based standards for ozone. Clean Wisconsin is challenging the final rule because it does not protect the residents of the nine eastern Wisconsin counties. It leaves children, the elderly, and people with respiratory conditions especially vulnerable to the health impacts of ozone pollution. If our legal challenge is successful, EPA will have to return to its original proposal and require that all of the areas of Wisconsin shown in green on the accompanying map reduce their ozone. This action is about making sure that all Wisconsinites have clean air to breathe so they can live happy, healthy lives. Everyone, no matter where they live, needs the same clean air. Thanks to the support of our members, we can defend the clean air that makes Wisconsin a great place to live, work, and play. You can learn more about ozone pollution in Wisconsin at cleanwisconsin.org/our-work/our-air and spread the word about why clean air matters on social media using hashtags #ourairourhealth,#cleanair, and #cleanwisconsin.

Clean Water continued from cover

The information gathered from the study will allow the county to take steps in the future to reduce the likelihood of contamination by adjusting construction requirements or setbacks for certain activities from drinking water wells. The breadth and depth of this study is unmatched by anything else done in Southwest Wisconsin and anything any county could do on its own. Clean Wisconsin has been calling for the state to focus on Southwest Wisconsin well water contamination for the last two years. When the state decided not to include Southwest Wisconsin in the new manure spreading rules meant to address drinking water contamination in Northeast Wisconsin, we asked the state to fund a study of Southwest Wisconsin’s well water quality. The state has not yet taken any steps to do so, but thankfully Grant, Iowa, and possibly Lafayette County are looking to fill the leadership void. While the first round of samples is set to be collected this fall, the future of the full study is more uncertain, as Lafayette County recently chose not to provide funding for the study in their annual budget. Efforts to restore funding for the study are continuing and will culminate in a decision at the November 13th County Board meeting. As these counties look towards a future where their strong agricultural traditions meet tourists, new residents, and businesses that want and need clean drinking water, this study will provide critical information Southwest Wisconsin elected officials can rely on to make sound decisions. The counties must make a robust effort to learn about their water quality, identify any potential contamination issues, and then make informed decisions to protect drinking water for current and future residents. Clean Wisconsin will continue to work with members and citizens in Southwest Wisconsin to make sure this important work is fully funded and provides these counties with the valuable information about well water quality they and their citizens need and deserve.

www.cleanwisconsin.org 5

Managing water where it falls in Milwaukee Clean Wisconsin wraps up 5th year of green infrastructure work

By Pam Ritger Staff Attorney & Milwauke Program Director

Clean Wisconsin continues to expand and deepen our work in Milwaukee’s 30th Street Industrial Corridor neighborhoods, working closely with our partners at the Milwaukee Metropolitan Sewerage District (MMSD), community organizations and neighborhood associations throughout the project area. Over the past five years, we have worked to improve water quality and reduce the risk of flooding and basement backups by engaging hundreds of residents across 32 Milwaukee neighborhoods. Through presentations at neighborhood association meetings, tabling

Interns with Milwaukee Metropolitan Sewerage District (MMSD) install a rain garden in Milwaukee’s 30th Street Corridor in July. (MMSD)

at resource fairs and community events, workshops at our office in Milwaukee’s 30th Street Industrial Corridor, and rain garden dig parties, we have educated and encouraged residents to install rain barrels and rain gardens on their homes, through our strong partnership with MMSD and in coordination with active, engaged neighbors. In the summer of 2018, we worked with the MMSD Summer Intern Team and three young adults, Janiah, Treyvion and Marshuan, who interned with Clean Wisconsin through the Milwaukee Promise Zones Youth Employment program. During the time period, we installed 120 rain barrels, 7 rain gardens and 7 StormGuardens Rain gardens are excellent for managing rain where it falls as well as providing beauty to communities and (a planter box with the

capacity of 6.5 rain barrels). Over the past five years partnering with MMSD, we have helped install 476 rain barrels, 47 rain gardens and 9 StormGuardens. Cumulatively, these practices capture about 36,345 gallons of stormwater runoff pollution per storm, or about 1,817,250 gallons of stormwater pollution per year, while adding green space, providing pollinator habitat and strengthening neighborhood civic engagement. In September, Clean Wisconsin also completed a successful series of workshops aimed at a variety of potential implementers of green infrastructure practices. From residents to houses of worship to developers, we discussed ideal GI practices, funding and incentive options. Each of the ten workshops also included a testimonial from a person or entity that has installed these innovative practices on their property. The workshops attracted dozens of attendees and provided a fantastic opportunity for peer-learning and sharing best practices, and we hope to continue these workshops into the future to continue educating and encouraging GI installations to make our communities increasingly resilient.

LEGAL DEPARTMENT UPDATES

rare and has never been successfully restored, which is why some DNR scientists testified that the developers were unlikely to be able to restore it as required by law. That victory has not only been appealed in circuit court, but the DNR Secretary has ordered a review of the decision by DNR legal staff. We are challenging the legality of that DNR review as well as defending our victory in the circuit court case.

habitat for pollinators. (Pam Ritger)

Air Quality By Katie Nekola General Counsel

Wetlands and Global Warming

You’ll recall that in the Meteor Timber case, we persuaded the Wisconsin Division of Hearings and Appeals to throw out a DNR permit that would have allowed frac sand developers to destroy a globally rare type of wetland in Monroe County. This case is important on several fronts: the permit to destroy wetlands would have allowed 6

more frac sand to be mined and transported to hydraulic gas fracking operations in Texas, thus adding to carbon pollution and exacerbating climate change. Relatedly, as we experience more severe storms and flooding as a result of climate change, wetlands become more and more critical for mitigating the damage from floods. In addition, this particular wetland is very

Last month, Clean Wisconsin filed a lawsuit in the D.C. Circuit Court, challenging EPA’s decision to significantly reduce the area in Southeastern Wisconsin that is designated “nonattainment” for ground-level ozone. Previously, EPA had proposed protective standards for a much larger geographic area, but under pressure from the Walker administration, ended up applying that protective standard to only a narrow strip of land along the Lake Michigan lakefront. We are joined in this federal lawsuit by the State of Illinois, City of Chicago, and other petitioners. The State of Wisconsin has intervened in opposition to our challenge. continued on page 7

Fall 2018

Wells

Continued from page 4

It is disappointing to see permits being issued that allow groundwater to be pumped in the same problematic locations, harming the exact same waterways, and in some cases pumping even more water. Attorney General Schimel and many of our legislators are sticking their heads in the sand, refusing to deal with the very real implications of their policy of mandated inaction: the unsustainable over-pumping on our waters. Making matters even worse, this short-sighted approach will make addressing this serious issue much harder in the future.

would impact Buena Vista Creek, a waterbody already impacted by existing withdrawals. Clean Wisconsin’s review of DNR records reveals another permit has now been issued to construct a new well at the same distance from Buena Vista

Review of recently issued permits reveals that DNR has green-lighted similarly problematic wells near Fourmile Creek and Stoltenburg Creek, both in Portage County. And our review is just the tip of the iceberg. Clean Wisconsin

Clean Wisconsin’s Permit Review

The central finding of Clean Wisconsin’s permit review is that DNR is approving wells near the very same creeks that it previously determined could not handle a single additional gallon of withdrawal. This continued failure to protect our waters is a direct result of Attorney General Schimel’s opinion stripping DNR of the authority to assess and consider the impacts that wells will have on the landscape. For example, one of the high capacity well permits invalidated by our lawsuit was near Buena Vista Creek, a Class I trout stream in Portage County. The Judge threw out the permit because Clean Wisconsin demonstrated that DNR staff knew the wells

Clean Wisconsin’s analysis of high-capacity well permits shows the state continues to permit wells in sensitive areas where DNR knows pumping could further harm surface waters. (File photo)

Creek, with authorization to pump the same amount of water, as the invalidated well. Basic groundwater science tells us that a well pumping the same amount of groundwater, at the same distance, will have similar impacts to Buena Vista Creek. Unfortunately, since Attorney General Schimel’s opinion, DNR does not consider these impacts anymore, meaning DNR rubber stamps high capacity well permits even when problems are obvious.

looked only at a portion of the permits issued in a relatively short period of time. There are likely many other permits that have been or will be issued that will allow new wells to operate at unsustainable

Legal Update

pumping levels. Because DNR is not being allowed to evaluate the impact that a proposed well may or may not have on Wisconsin’s waters, we do not even know the full extent of the problem. This is particularly concerning because impacts caused by unsustainable groundwater withdrawals may take years to be visible to the naked eye. So if DNR is not doing up-front analysis of the impact a new well may have, then we may not find out until it is too late. As with any other problem, an ounce of prevention is worth a pound of cure. There is still time to adopt and implement a sensible, sustainable solution that protects Wisconsin’s water resources for the future. The longer we wait, however, the harder it will be to find a solution when decision-makers finally decide to take meaningful action on this issue. And if high capacity wells continue to be drilled, without any oversight or limitations, while streams dry up, lakeshores recede, and Wisconsin’s tourism and recreation industries suffer, then picking up the pieces may become impossible. In other words, if our leaders don’t reject the misguided view that DNR is powerless to protect our shared natural resources, then we will face the prospect of an environmental catastrophe of our own making.

continued from page 6

Water Quantity

T h e h i g h c a p a c i t y we l l s litigation is now on appeal. Clean Wisconsin prevailed in Circuit Court last October, with the Judge throwing out seven well permits issued by DNR in violation of the Public Trust Doctrine, for failure to properly consider impacts to surface waters caused by excessive groundwater pumping. The case has been fully briefed before the Court of Appeals since June, and we except a decision in the coming months.

Water Quality

The Kinnard Farms case has long been winding its way through the court system. To remind everyone, this case concerns DNR’s authority to impose a pair of conditions in a WPDES permit. The first condition, an animal unit limit, would limit the number of dairy cows allowed at the farm at any one time. In a contested case hearing, the Administrative Law Judge (ALJ) found an animal unit limit to be a reasonable means to limit groundwater pollution by limiting the quantity of manure produced at the site. DNR argues it does not have the authority to place an animal unit limit in a permit. The second condition requires

the permittee to monitor groundwater near manure landspreading site, to detect whether manure runoff is entering groundwater at those locations. The ALJ found that this, too, was a reasonable method of addressing contamination concerns that was within DNR’s authority to require. DNR similarly argues that it cannot compel farms to conduct monitoring unless it is at the physical footprint of the farm itself. After the contested case hearing, the ALJ’s ruling was affirmed in Circuit Court. The case has now fully briefed before the Court of Appeals since July and we except a decision in the coming months. Clean Wisconsin is also a party to a contested case hearing regarding the re-issued WPDES permit to Richfield Dair y, a CAFO in Adams County. This case, like Kinnard Farms, centers on DNR’s authority to impose animal unit limits and groundwater monitoring conditions in WPDES permits to CAFOs. The parties have all agreed that this case should be put on hold, because the ruling in Kinnard Farms may impact how this case is handled. The tentative plan is to begin pre-hearing witness disclosure and motions in December 2018, with the hearing in July of 2019.

www.cleanwisconsin.org 7

Under the Lens

Breaking down the troubling new climate change repor t By Paul Mathewson, Staff Scientist

What difference does 0.9°F make? It seems small, but when it comes to global warming, it is a pretty substantial difference, according to a recent assessment from the Intergovernmental Panel on Climate Change (IPCC). Under the 2015 Paris Agreement, countries agreed to work to limit the increase in the global average temperature to under 3.6°F above pre-industrial levels, with an aspirational goal of limiting the increase to 2.7°F. The report finds that human activities have already caused about 1.8° of warming, and that warming would reach 2.7° as early as 2030 at our current rate. The Paris Agreement invited the IPCC to conduct an analysis comparing the difference between limiting global warming to 2.7° vs. 3.6°. The IPCC assessed over 6,000 scientific papers and reported on the difference an extra 0.9° of warming makes. Some of the consequences of the additional warming are predicted to include: • In mid-latitude areas like Wisconsin, extreme hot days will be 7.2° warmer compared to 5.4° warmer if global warming is limited to 2.7°C. • More than twice as many people (37% vs. 14% of the world population) will be exposed to extreme heat at least once every 5 years. • Sea level increases will be 4 inches higher, impacting an additional 10 million people.

• Three times as many insects (including pollinators) and twice as many plants and vertebrates will experience loss of habitat over at least half of their current range. • Ice-free Arctic summers once per decade vs. once per century • Twice as many people (8% vs. 4% of global population) will experience water scarcity. • Twice the amount of land area is projected to be transformed from one ecosystem to another • An additional 600,000-1,000,000 square miles of permafrost will be thawed, releasing even more greenhouse gases in the process. • More than 99% of coral reefs will be lost compared to “only” a 70-90% loss. • Twice the reduction in global fish harvest (3 million tons vs. 1.5 million tons). • Spring phenology expected to occur 10 days earlier in temperate forests Other impacts are expected to be exacerbated if we overshoot the 2.7° increase target, although not specifically quantified in the report. Risk of heavy precipitation events is expected in Eastern North America, along with subsequent flooding risks. Heat-related morbidity and mortality, ozone-related mortality, risks from vectorborne diseases (e.g., Lyme disease, malaria) are also predicted to be exacerbated, while yields and nutritional quality of corn, rice

and wheat are expected to experience additional declines. The report goes on to illustrate how the challenge of limiting the warming to 2.7° is technically feasible, but will be an extraordinary political and social challenge. This will require not only drastically reducing greenhouse gas emissions, but also removing carbon dioxide currently in the atmosphere from prior emissions. The report analyzes various pathways of achieving this goal, but across scenarios: Net CO2 emissions will need to be reduced by 45% from 2010 levels by 2030 and reach net zero by 2050. The share of energy produced by renewables would need to increase by 300500%, supplying 50-60% of energy needs by 2030. By 2050, renewables will need to provide more than 70% of energy needs. Coal use will need to drop by 60-80% by 2030 and by more than 70% by 2050. To provide a sense of the magnitude of carbon dioxide removal that will be required, it would take on the order of adding up to 4 million square miles of forest or increasing bioenergy cropland to over 1 million square miles (and accompanying energy production coupled with carbon capture) by 2050. For context, the combined area of Alaska, Texas and California is 1.1 million square miles. This report makes it clear that there is no time to lose if we want to avoid some of the worst impacts of global warming.

TWICE AS MANY PEOPLE...WILL EXPERIENCE WATER SCARCITY. TWICE THE AMOUNT OF LAND AREA IS PROJECTED TO BE TRANSFORMED FROM ONE ECOSYSTEM TO ANOTHER.

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