Citizen Struggles Hampered by Intervenor Loss

 
Wisconsin citizens face several major environmental impacts without the advice and assistance of the Public Intervenors Office.  Corporations and special interests have the lawyers, experts, secretarial support, public relations staff and budgets to launch promotional campaigns for their projects.  Citizens have few resources to protect themselves.  Here are a few examples:
  • Rio Algom Mine --- Just prior to the elimination of the Public Intervenors in 1995, the Attorney General had appointed an extra half-time attorney to serve as a short-term special Intervenor on this Rio Algom mine permit due to the massive size of the project and the precedent it would set for the rest of Wisconsin’s mineral deposits. 
    In addition, the Public Intervenor Office retained three scientists who were world-class experts in sulfide rock mining and the potential for toxic impacts on groundwater and surface waters such as the Wolf River.  Together, this team would have given Wisconsin citizens a valuable independent evaluation of legal and technical arguments made by the DNR and the mining company.

    The Intervenor would have represented public rights at the DNR’s Master Hearing on the issue --- a technical legal hearing conducted similar to a courtroom trial.  Now, this public service will not be provided, but the mining company will be well represented.
     

  • Fox River PCBs --- Just prior to the elimination of the Public Intervenors Office, the Intervenors had begun investigations and were considering intervening on behalf of public rights to enforce a cleanup of the PCB and mercury contaminated sediments of the Fox River and Green Bay in Northeast Wisconsin.
    Widespread contamination had closed commercial fisheries and resulted in warnings against consumption of fish and ducks regionally.  In addition, swimmers are at risk, harbors and marinas face huge expenses disposing of contaminated sediments they dredge, and communities are unable to use the Fox River or lower Green Bay as drinking water supplies.  The DNR had known about the PCB contamination nearly 25 years at that point, and negotiated with the PCB polluting paper companies for more than 9 years without results. 

    In the year 2000 thousands of people are still threatened with poisoning, but the DNR still lacks a cleanup plan, and citizens have no Intervenors to draw on for advice and assistance.  The six major paper companies have hired multiple law firms, lobbyists, scientists and public relations firms to campaign against the cleanup.
     

  • Highway Expansions --- Just prior to the elimination of the Public Intervenors Office, the Intervenors had won a major case against the Wisconsin Dept. of Transportation (DOT) requiring that agency to comply with the Wisconsin Environmental Policy Act which required Environmental Impact Statements on its plans and major projects.

  • The DOT budget had more than doubled and the agency was launching massive new highway expansion projects statewide, converting many state highways from 2 to 4 lanes at enormous economic and environmental expense.  The Intervenors were needed to watchdog the DOT and at least moderate the environmental damages caused by these projects, but public rights have gone largely unrepresented.  The Wisconsin roadbuilder’s lobby is too powerful.
     

  • Perrier Groundwater Withdrawal --- This issue would have been a natural priority for investigation and work by the Wisconsin Public Intervenors Office, because of their special focus on public rights in waters of Wisconsin.  At issue is whether Wisconsin will regulate high capacity groundwater pumping wells which can dry up neighbors’ wells, or valuable streams, lakes and wetlands nearby.

  • Wisconsin’s laws are weak and we need a strong champion in Madison fighting for common sense and public rights.  Perrier and its parent company Nestle have major financial resources to lobby for their private business interests.
     

  • Powerline Right-of-Way --- This is another issue where ordinary citizens, homeowners, businesses and farmers could have benefited from advice and assistance of the Public Intervenors Office.  The proposed 250 mile long transmission line between Duluth and Wausau will cut an 150 ft. wide swath through properties owned by thousands of people and businesses.  The line will also destroy thousands of acres of sensitive wildlife habitat and human recreation areas.  Two major utility corporations and the state government are aggressively promoting this line.  Public rights are not adequately defended.
  • Factory Farms --- The rapid spread of factory farms is clearly an issue which would have involved the Public Intervenors Office as hundreds of Wisconsin citizens are suddenly facing the imposition of huge industrial sites mascarading as “farms” right across the road from them.  An example proposal in Hilbert involves 3,000 dairy cows in one place.  Neighbors are impacted by frequent trucks hauling milk, feed and manure, by powerful odors, dust and noise, by the potential contamination of drinking water wells by excessive manure, etc.

  • These oversized corporate farms also threaten the economics of Wisconsin’s traditional family farms.  The Public Intervenors are needed to advise citizens impacted by these proposals and to help develop rational state rules to address the pattern of factory farm problems.

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