Virtually everyone engaged in the current mining debate agrees that Wisconsin should allow "responsible mining." The controversy has been about what is "responsible mining."
The version of the mining legislation voted down Tuesday in the state Senate, Assembly Bill 426, was not a responsible mining bill and would have led to serious and unnecessary damage to Wisconsin's valuable natural resources.
A responsible mining bill does not allow the filling in of lakes held in trust for Wisconsin citizens. Current mining law prohibits filling in public lakes. AB 426 would have allowed this, thereby violating the Wisconsin Constitution's Public Trust Doctrine protecting navigable waters.
AB 426 would have allowed the destruction of State Natural Areas, which are the most unique and valuable lands remaining in Wisconsin and include the Cedarburg Bog, Peninsula Park White Cedar Forest, the Upper Brule River, Trout Lake Conifer Swamp and the Dalles of the St. Croix River. Current mining regulations protect these areas. AB 426 also would quadruple the area where the groundwater adjacent to the mining site could be polluted greatly in excess of state standards. That is a major change from current mining laws.
AB 426 would seriously harm the ability of local citizens, governments and tribes to have effective input into mining decisions. The bill would allow a mining company to avoid showing at a contested case hearing that their mine meets state environmental standards and instead puts the burden and great expense on neighboring property owners to show that the mine does not meet the standards. This is a major change in state mining law and would create a real David and Goliath situation.
Lastly, the bill is significantly weaker than Minnesota's mining law, in which taconite mining is a major and successful industry.
Some argue the amended AB 426 voted down in the Senate was already a compromise measure including additional environmental protection measures. In fact, Wisconsin Wildlife Federation worked with the bill's authors on these changes. However, these changes merely make a very environmentally harmful bill into just a seriously harmful bill.
The real goal should be a bill that provides the company the needed permitting deadline certainty to justify great capital expenditure but still provides the resource protection expected by Wisconsin citizens.
It is best stated by the 23-year mayor of Mellen, Joe Barabe, a mining supporter: "My grandfather and great-grandfather mined in our region, but I'm glad they never read this bill." He implored lawmakers, "You must get this right the first time, because for us there is no second time. Things will go wrong, wells will dry up, the drinking water from the hills may disappear. Under this bill, the mining company gets all of the advantages, and we don't get any."
Many, both in and out of the Legislature, are willing to continue to work together to "get it right." The Wildlife Federation has committed to continuing its efforts to accomplish this goal.
George Meyer is executive director of Wisconsin Wildlife Federation and former state Department of Natural Resources secretary.