Accomplishments of the 
Public Intervenor's Office

 
Citizen Advocacy and Empowerment
  • Worked to reach consensus on regulations and cases to avoid conflict, prevent lawsuits, and adopt laws that all interested parties could live with.
  • Responded to numerous legislator requests to help their constituents.
  • Continually went to bat each year for hundreds of citizens suffering property devaluation and risks from well water contamination, leaking landfills and underground storage tanks, nuisances, highway construction, pollution, and irresponsible land development.
  • Advised and helped citizens use existing local and state government processes to advocate protection of their public rights in lakes and rivers, and to protect their families and property from environmental threats.
  • Intervened in major permit cases --- including the Kennecott copper mine and the Exxon/Rio Algom zinc mine --- to bring scientific review and input into the process.


State Law and Consensus

  • Advised Legislative Branch ---
      • Responded to numerous requests by legislators and committee chairs to review and identify issues in regulations being adopted by state agencies and to provide testimony and comments.

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    • Underground Drinking Water Supplies  ---
      • Negotiated with industry the 1984 landmark Wisconsin Groundwater Law (Act 410) requiring pollution activities meet groundwater enforcement standards, setting up environmental repair clean-up program and polluted well victim compensation program.
      • Held the line in protecting groundwater from approval of on-site sewage systems (septic tanks and mound systems) in inappropriate lands.
      • Turned back a DNR rule that would have allowed drinking water to be degraded with solvents (toluene and xylene) to the point of being smelly and undrinkable.    New standards are now being developed.
      • Turned back a rule that would have prevented the DNR from replacing contaminated wells of poor families.

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    • Metallic Mining ---
      • Negotiated consensus metallic mining laws and regulations.
      • Prioritized recent mining proposals to protect surface and groundwater resources.   Recently hired 3 world-class technical experts to evaluate and comment on impacts of the Exxon/Rio Algom metallic sulfide mine near Crandon.

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    • Solid Waste and Hazardous Chemicals  ---
      • Negotiated passage of state community right-to-know law so communities and workers are prepared to deal with chemical spills and emergencies.
      • Reached consensus on strengthening amendments to recent DNR rules for the clean-up of hazardous pollutant spill sites.
      • Worked with legislators to change DNR rules in order to uphold legislative prohibition on dumping of waste oil in landfills.

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    • Sand and Gravel Mining ---
      • Negotiated consensus non-metallic mining (gravel and rock) reclamation bill.

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    • Wetlands ---
      • Petitioned for and negotiated major state wetland shoreland zoning and water quality protection rules.

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    • Mixed Resource Uses ---
      • Petitioned for and negotiated DNR policies on wetlands, scenic beauty and forest multiple use.
      • Advised lake property associations and local governments on regulations of nuisance watercraft.

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    • Pesticides  ---
      • Successfully pushed for restrictions on use of the pesticides aldicarb and atrazine in groundwater contaminated areas.
      • Turned back a Dept. of Ag rule that would have restricted local authority to adopt ordinances prescribing pesticide use lawn signs.
      • Negotiated consensus on strengthened Dept. of Ag rules governing pesticide use, including aerial spraying, lawn care pesticides, pesticides in irrigation systems, and groundwater protection.
      • Worked with farm organizations to fund research into sustainable agricultural practices and policies.

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    • Public Access ---
      • Reached consensus on DNR and legislative standards for providing public access to navigable waters.

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    • Water Supplies ---
      • Convinced DNR to review Wisconsin groundwater supplies and policies to assure adequate quantities of water for future business, domestic and ecological use.  Review is underway.

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    • Forests ---
      • Worked with DNR, county officials, and county foresters in developing adequately protective state standards for the withdrawal of county forest lands for other purposes.

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    • Environmental Review ---
      • Successfully petitioned for regulations requiring state agencies to review environmental impacts of their decisions.


    Court Cases

    • Sewage and Public Notice --- Won court decision forced the Department of Industry, Labor and Human Relations to follow rule making procedures, preventing them from weakening already inadequate private sewage regulations.  (Working now to strengthen rules.)
    • Solid Waste --- Prevented a solid waste landfill from being sited in the middle of the Machickanee Forest in Oconto County because lower cost alternatives existed, preserving this area for wildlife, recreation and forestry purposes.  Defended local government authority in landfill siting matters, allowing more stringent local controls.
    • Wetlands ---  Prevented wetland destruction at the Tank Farm Marsh for an unnecessary railroad spur track in Green Bay.  (Saved the City of Green Bay more than $450,000.)  Promoted alternatives and prevented fill of ecologically valuable wetlands at Lily Lake, Kenosha County.  Prevented unnecessary dredging of pristine area of Partridge Lake, Waupaca County.  Protected several wetland and aquatic resources over the years, in favor of non- or less-damaging alternatives.  Exposed and reversed improper Department of Transportation sponsorship of local wetland filling projects to avoid wetland protection standards.
    • Public Access --- Fought for and retained popular public access points to Lake Michigan and other waters for fishing and other enjoyment.
    • Local Shoreland and Floodplain Zoning --- Won court decision striking down a provision exempting lake property owners from complying with shoreland zoning regulations that protect public waters.  Won court decision striking down provision that prevented county enforcement of floodplain zoning regulations in the Mississippi River to protect public safety, prevent costly property damage and taxpayer liabilities from floods.
    • Pesticides and Local Rights --- Won U.S. Supreme Court decision establishing right of local governments to set stronger standards than federal law to protect public health and the environment.
    • Tourism --- Defended right of local governments to regulate forest clear-cutting near town roads to protect the local tourist economy.  Promoted an alternative and prevented unnecessary private bridge on Pelican River, to protect navigation and scenic beauty.
    • Transportation and Environmental Impact Statements --- Won landmark court decision requiring the Department of Transportation to disclose environmental consequences of their multi-million dollar highway building plan.
    • Lakebed and Creekbed Protection --- Won court decision striking down an exemption to a DNR order requiring restoration of Oak Creek to it’s former natural value, after it was illegally lined with concrete.  Required Eau Claire to protect a major trout stream from development runoff and erosion.  Won court decision preventing construction of private condominiums on public lake bed, and other illegal structures in the water, helping to preserve the waterfront for public uses.

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    • Contaminated Sediments and Water Quality --- Won court decision denying permit for building a dredge spoil lakefill in Green Bay because standards were not met.  (Private citizens were forced to spend more than $50,000 repeating this same case after the Intervenors were abolished.  Again, the court ruled that DNR violated the law.)
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