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Mining bill ready for Assembly vote Thursday

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A bill to repeal the state’s so-called “mining moratorium” is ready for a vote by the state Assembly. It passed out of the Assembly Labor Committee on a 6-3 party line vote, with criticism from Democrats including Milwaukee Representative Christine Sinicki.

“This is a bill . . . that is going to decimate our environment,” Sinicki said. “It’s going to effect generations to come.”

Republicans argue environmental safeguards will remain in place, even if the bill becomes law. “I think what we’re doing here is not going to decimate anything,” said Representative John Spiros of Marshfield.

Under the 1998 “moratorium” law, a mining company must point to a sulfide mine in either the U-S or Canada that has operated for 10 years, and be shut down for another 10 without polluting ground or surface waters, before a new mine permit would be issued. The law is also refered to as “prove it first.”

Kenosha Democrat, Representative Tod Ohnstad, pointed out that the 1998 legislation enjoyed bipartisan support. He said then-Representative Scott Walker was among the 90 members of the Assembly to vote for the measure, which was then signed into law by Republican Governor Tommy Thompson.

“There’s always going to be risks to everything we do,” said Representative Romaine Quinn of Birchwood. “Just philosophically, it’s hard for me to sit here and say no that we should never mine in our area, because we don’t want any of the risk.”

The bill will be taken up by the full Assembly on Thursday.

Assembly mining bill has public hearing

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An unusual Friday hearing was scheduled, for an Assembly bill that would end Wisconsin’s so-called moratorium on sulfide mining. State Representative Rob Hutton is the bill’s author.

“This legislation simply creates a platform, with support from the DNR, to begin that permitting process, by removing a moratorium that was put in place back in 1998,” Hutton said. The Brookfield Republican said the existing law, which requires that a mining company must prove a sulfide mine can operate for 10 years and be closed for another 10 without polluting ground or surface waters, has failed to provide economic opportunity for Wisconsin.

Among those testifying against the measure, Menominee tribal chairman Gary Besaw. “We cannot ruin this world for our babies, for our kids, for our grandkids, so that we might have wealth,” Besaw said.

An amended version of the Senate bill has already passed out of committee. “We hope to see there’s no repeal of the ‘prove it first’ mining law,” said Ryan Billingham with the Wisconsin League of Conservation Voters. “That’s the only solution. The amendments are token amendments that do nothing to address the fundamental problem.”

 

Senate panel approves mining bill

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A state Senate committee has passed a bill that would end Wisconsin’s so-called moratorium on sulfide mining. The legislation (SB 395) passed the Sporting Heritage, Mining and Forestry Committee on Wednesday, over the objections of Democrat, Senator Jon Erpenbach.

“It’s not about jobs. This is about making sure that we have an environment we can pass on to the next generation, and we can say ‘we did the best job we possibly could.’ With this legislation we are not doing that. We are taking a step backwards,” said Erpenbach, who along with Democrat Bob Wirch voted against the bill.

Erpenbach predicted the bill will fail to get any Democratic support when it comes to a floor vote in the Senate.

Under the 1998 “moratorium” law, a mining company must prove a sulfide mine can operate for 10 years and be closed for another 10 without polluting ground or surface waters.

“This is part of the rebirth of manufacturing in the Rust Belt states,” said GOP Senator Tom Tiffany, the bill’s author. “Americans want to make things once again, and I believe Wisconsin should do its part.”

The bill, including 6 Republican amendments, was approved on 3-2 partisan vote.

Mining bill set for public hearing in Ladysmith

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Lawmakers will hold a public hearing on mining, Thursday in northern Wisconsin. A proposal to end Wisconsin’s so-called “mining moratorium” — which requires companies provide proof that they have operated nonpolluting mines before they begin operating in the state — gets a hearing at the Ladysmith High School Auditorium.

Ladysmith is home to the Flambeau Mine, which operated between 1993 and 1997.

Senator Tom Tiffany (R-Hazelhurst) and Representative Rob Hutton (R-Brookfield), the bill’s authors, argue that Wisconsin has comprehensive mining laws in place.

“We’re not bypassing any type of process, to allow any mining company to come into the state of Wisconsin, by doing anything other than following the permitting process,” Hutton said last month. “It will probably take up to four to five years before there is a shovel in the ground, and we’re simply saying ‘let’s allow that process to begin.’”

The Republican lawmakers also argue that mining could bring much needed jobs to northern Wisconsin.

The proposed legislation is viewed with alarm by an environmental group. “The reason we’re so concerned is that, according to the EPA, sulfide mining is the most toxic industry in America,” said Kerry Schuman, executive director of the League of Conservation Voters.

Frac sand mining bill gets hearing

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Legislation that could impact the future of frac sand mining was the subject of a hearing Monday at the Capitol. A bill from Republican state Senator Tom Tiffany would bar local governments from imposing new mine zoning ordinances that would be more restrictive than their current ordinances.

“I understand people trying to protect their local municipalities, but there also has to be that balance struck,” Tiffaney said. “There were a couple of instances where ordinances were being proposed that would have shut down sand mines.”

Tiffany said that got his attention, and his bill is meant to ensure local governments don’t regulate sand mines out of business.

Democratic state Senator Kathleen Vinehout warned that state the Department of Natural Resources is not staffed to adequately oversee the large numbers of new frac sand mines being developed in Wisconsin.

The bill would also protect mines from any new local ordinances or license requirements, if they’re operating within one year before those changes are put in place. The Assembly and Senate mining committee held a day long joint public hearing on the bill Monday.

 

Senate committee takes up sand mining bill

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Proposed legislation that could limit the ability of local governments to place restrictions on nearby non-metallic mining operations drew hours of testimony at the Capitol Thursday, as dozens of people filled a hearing room and overflow areas to speak on the bill.

The measure is primarily aimed at easing restrictions on industrial sand mining operations, which have seen an explosion of growth in recent years because of demand for the sand in an oil drilling process known as “hydraulic fracturing.” Since 2010, the state has jumped from about ten “frac” sand mines to over 100.

As local governments have seen requests to open mines increase, primarily in western and central Wisconsin, state Senator Tom Tiffany (R-Hazelhurst) says many have tried to use police powers to set restrictions on the operations. Those include requiring air quality monitoring and limiting noise levels generated by the mines, as well as requiring advance payments for possible damage to area roads by trucks hauling the heavy sand. Tiffany, the sponsor of the bill, told lawmakers Thursday “we’re at the leading edge, or the leading wave, of what could be some very disruptive policies to commerce and to the protection of private property.”

Critics contend local governments are in the best position to make those decisions though, since they are typically acting to protect the interests of those living around mining sites. State Senator Bob Jauch (D-Poplar) argues the legislation would strip local officials of their ability to put reasonable regulations on operations that impact their residents and would have “big government dictating all of the terms to these local officials who have been, in most cases, trying to use it (local control) in a responsible way.”

Supporters of the bill say local officials could still use their zoning authority to set regulations. Critics pointed out though that many towns in the state don’t have those powers, so they would have to rely on state regulators to monitor and enforce any violations.

The bill is currently awaiting action from a Senate committee, which is chaired by Tiffany. However, it remains unclear whether it has enough support right now to pass in the full Senate in its current form. Leadership in the Assembly has also indicated passing the measure is not a priority at this time.

Walker signs mining bill (AUDIO)

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Governor Scott Walker says new mining law means new jobs for Wisconsin. Walker signed a bill, which rewrites the state’s mining laws, Monday at Oldenburg Group, a mining equipment manufacturer in Rhinelander.

The Republican governor conceded that new law will be challenged in court, but that would be the case regardless of what the bill ended up looking like. “There are some people in the state – and I respect that – that just don’t want any mines, under any circumstances,” Walker said. The Bad River Band of Chippewa is vehemently opposed to a proposed open-pit iron ore mine in Ashland and Iron Counties, as are environmental groups. And recent polling has found public opposition. “That’s because all they’re hearing is the scare tactics,” Walker said.

AUDIO: Walker Q&A 6:15

Walkers predicted that courts will ultimately uphold the new law. “The way it’s set up, it allows the state DNR to work with the EPA and the Army Corps of Engineers . . . in a timely basis where we can protect both our environmental and economic interests, without one offsetting the other,” he said. The legislation passed the Wisconsin state Senate and Assembly without a single Democratic vote.

Walker signed the bill Monday at Oldenburg Group, a mining equipment manufacturer in Rhinelander. The bill is seen as clearing the way for the iron ore mine to be developed by Gogebic Taconite. “When you’ve got a company like this that’s willing to invest a billion and a-half dollars in the economy, they want to know that if they follow the rules . . . that the rules aren’t going to change on them,” said Walker. He predicted that jobs would be developed even before permits for the mine are issued. “They’ll start making incremental investments.”

 

Walker to sign mining bill

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Governor Scott Walker will officially sign controversial mining legislation into law this afternoon, during a ceremony in Rhinelander.

The legislation, which was given final approval in the state Assembly last week, streamlines the permitting process for iron ore mining in Wisconsin. Supporters claim it will bring a massive economic investment to the state that could create thousands of jobs, but critics contend it weakens environmental protections.

Even after Walker signs the bill, it could be awhile before it’s actually put to use. Tribal officials and environmental groups have already indicated they plan to challenge the law in court.

Walker will also hold a ceremonial signing of the bill this afternoon in Milwaukee.

Mining bill heads to Walker

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After a day long debate, the state Assembly passed a controversial mining bill on Thursday. Republicans like Mark Honadel of South Milwaukee promised jobs – and dismissed Democrat arguments regarding environmental degradation. “The state of Wisconsin is not going to get wiped off the face of the earth,” Honadel said. “It will be a sunny day for Wisconsin. We’ll have new jobs, new industries and new economic development.”

Democrat Janet Bewley of Ashland represents the district which includes the site of a proposed open-pit iron ore mine. Opponents say the bill will allow mine waste to be dumped in surface waterways. “If it was stated in legislation, “we’re going to pass a law that will presume that significant adverse impact in your district is necessary” would you vote yes?”

“Don’t fall for the line that somehow we’re changing environmental standards, or we’re going to pollute the water or allow that to happen. That is simply not the case,” said Assembly Majority Leader Scott Suder of Abbottsford. “We’re going to make sure that your water and your air quality is not only maintained, but is strengthened as the result of amendments that we have placed in this bill.”

Once the bill becomes law, Gogebic Taconite is expected to apply for a permit to operate the open pit mine in Ashland and Iron counties. ‘Three or four square miles, plus maybe a little additional area around the mine, our of 28,000 square miles. I don’t think that’s going to destroy our environment in Wisconsin,” said Mequon Republican Representative Jim Ott. “Mining may be a tradition in Wisconsin, but every tradition in this state, or every idea in this country, hasn’t necessarily been a good one,” said Democrat, Representative Mandella Barnes of Milwaukee.

Proponents of the legislation have said that the mine will bring hundreds of jobs to one of the most economically challenged areas of the state. Democrats have argued that it would create few jobs – except for attorneys involved in legal challenges to the mine. “A year ago when this bill was up, I said if this bill passed and created any new jobs, I would eat my shoe,” said Representative Cory Mason, a Racine Democrat. “I will stand by that today. If there are jobs created from this bill – mining jobs for Wisconsin – I will be stunned,” he said. “I would like to tell you I’ll being the ketchup, if that’s what you would like to put on it,” said Medford Republican, Representative Mary Williams of Medford in response to Mason.

Thursday’s 58-39 party line vote followed passage of the bill in the Senate, where only one Republican, Senator Dale Schultz, voted against it. It now heads to Governor Scott Walker who has said enacting the bill into a law is a priority for him.

 

Indians adamantly opposed to new mining bill

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Wisconsin Indians are determined to stop the mining project.

The head of the Bad River Band of Lake Superior Chippewa Indian tribe says he’ll use “every avenue of resistance” in his efforts to stop the proposed iron ore mine from being built upstream from his reservation in northern Wisconsin.

“And we stand ready to fight and resist this effort until the bitter end, until the mining company goes away.”

Mike Wiggins says his tribe will be ready to use lawsuits, its federal water quality powers, and even what he called a “vigorous grassroots effort” to stop Gogebic Taconite from mining in the Penokee Mountains.

“I’ve heard enough from community members — both tribal and nontribal — to understand that active resistance would probably be an appropriate term. One of the local elected officials in that press conference up in Ashland, Wisconsin put it this way … he said ‘I am not a violent person, but it’s going to take violence to remove me from that mountainside.'”

The Assembly approved final legislation Thursday evening easing state regulations for building the proposed mine in Ashland and Iron counties.