Presented by: Don Arnosti, Environmental Organizer Regulatory capture occurs when government serves private interests instead of enforcing existing laws written in the public interest. Don Arnosti provides evidence that documents regulatory capture
Don Arnosti has 30 years of broad expertise in environmental policy and organizing. He currently consults for the Friends of the Minnesota Valley on agricultural drainage issues. Don Arnosti is a long-time, active member in Minnesota Environmental Partnership (in which LWVMN belongs). He served as Executive Director for Audubon Minnesota and the Izaak Walton League, and in various positions for the Institute for Agriculture and Trade Policy, Minnesota Center for Environmental Advocacy, and Clean Water Action. He has worked with people in all corners of the state to protect water, land and wildlife, while incorporating rural communities' interest in farming, forestry and tourism. This March 2021 was hosted by LWV Woodbury Cottage Grove (MN). Watch the video on their YouTube channel, below.
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This is not an Action Alert from Leauge of Women Voters, rather we are providing information on a pending goverment action that our readers may decide to comment on, with information from other organizations. Note that the comment deadline is May 18.
A recent email from the Water Protection Network urges readers to comment on a rule being proposed by EPA. (MRN's appeal follows this paragraph, verbatim.) This rule would set standards for the types of scientific research that can be used in environmental decision making. On its face, it would make sense for EPA to define the level of research that will be used - as we are seeing now with covid research it seems that there is often incomplete, inconclusive or even conflicting conclusions that come out regularly. It's important that the research that is used in decision-making reflects the current scientific understanding on a particular topic. But if the constraints work to systematically exclude certain types of research, the quality of decision making is diminished. So, here's the call-to-action paragraph from the Mississippi River Network "Take Action Against EPA's Secret Science Rule At a time when the importance of sound science-based decision-making is painfully clear, the Trump administration has proposed a rule that would impose sweeping restrictions on the types of scientific studies that can inform the regulatory decision-making process. Instead of "strengthening transparency" as the proposal claims to do, it is instead designed to "keep highly respected and peer-reviewed scientific studies from informing government decisions on public health and environmental protection" (Bruce Stein, NWF).
Following the links in this paragraph leads the reader to EPA's proposal in the Federal Register and a March 23, 2020, blog post by Ann Mesnikoff of the Environmental Law and Policy Center. Reading the EPA proposal it is hard to sort out what there is to be concerned about. There is a link in Ann's blog post taking the reader to Ann's December 4, 2019 post, where she provides more background on the rule. She says, "The rule requires all of the data underpinning EPA legislation to be publicly available or otherwise replicable. However, there are multiple reasons why some studies can’t be replicated or made fully available. Privacy rules and patient protections prevent individual health data from being released. Raw data or original conditions may no longer exist, such as lead exposure from leaded gasoline, which has been banned now for decades. Scientific research is built around long-term and health-based research, so there are long-established methods for evaluating in these situations. The new “transparency” rule would not lead to more transparent research; it would only bar EPA from using critical scientific information." This action is just one of a myriad of ways that the rules protecting our air, land and water are being weakened. Sigh. Push back will be timely,. Picture below - How institutions are approaching scientific research during Covid-19 In Minnesota, more than 75 environmental and public interest non-profits have banded together to form the Minnesota Environmental Partnership. This organization strengthens member effectiveness and builds collective power to secure a healthy environment for all Minnesotans. MEP achieves this mission by providing forums for collaboration and offering capacity building services that make our member groups, and our coalition, stronger. They create and organize various services, including communications and capacity building trainings, meetings for our members with policy makers, news and information gathering, networking opportunities, and more. League of Women Voters Minnesota is a member of MEP; LWV UMRR participates in MEP activities through this link. This blog post and the post "Line 3 Comment Period Extended" are from a March 28 MEP "Environmental Insider" email by Matt Doll, and are reproduced here with his permission. Line 3, an Enbridge pipeline that runs through northern Minnesota is in need of upgrade and repair. This post focuses on the permitting of of a proposed copper-nickel mine adjoining the Boundary Waters Canoe Area along the Canadian border. PolyMet appeal headed to Supreme Court, company on the defensive on permits By Matt Doll, Minnesota Environmental Partnership
Two major developments on PolyMet’s proposed copper-nickel sulfide mine in northern Minnesota were announced this week. On Monday, the Minnesota Court of Appeals overturned the Minnesota Pollution Control Agency’s (MPCA) air permits for the PolyMet mine. The Court found that in its permit, the MPCA hadn’t adequately considered the increase in air pollution that would ensue from PolyMet dramatically scaling up its mining operation. PolyMet’s recent lans anticipate increasing its mining operation beyond what it stated when it applied for permits. It appears to be a case of PolyMet attempting to use the “foot-in-the-door” trick by securing a permit for a smaller scale of mining before asking for an increase, to which state agencies would be presumably more agreeable. The Court of Appeals decision requires the MPCA to revisit the initial air permits on these grounds. Then, on Wednesday, the Minnesota Supreme Court agreed to hear PolyMet’s appeal of a January Court of Appeals decision that overturned its permit to mine and its dam safety permits. That decision requires the Department of Natural Resources (DNR) to hold a public contested-case hearing on the mine’s environmental impacts before permitting for the mine can proceed. (CLICK READ MORE TO PROCEED) GLBW Founding Partners:
In February of 2019, Speaker Robin Vos (R-Rochester) is pleased to announce the 16 members of the bipartisan Speaker’s Task Force on Water Quality. There are 12 Republican representative and senators and 4 Democrats. Representative Todd Novak-R-Dodgeville is the Chair and Representative Katrina Shankland-D-Stevens Point-Co-Chair. The development of the special legislative committee commenced after Reps. Travis Tranel (R-Cuba City) and Todd Novak (R-Dodgeville) made a request to the speaker in reaction to a preliminary report showing widespread contamination in private wells in southwestern Wisconsin. Because of the great importance of the issue being studied, this task force will also include members of the state Senate. “Wisconsinites deserve to have safe, clean and healthy water,” said Speaker Vos. “We’re beginning this essential work by gathering input from across Wisconsin. I’m pleased these legislators have agreed to take part in this statewide, collaborative effort.” The task force has been asked to make recommendations on assessing and improving the quality of surface water and groundwater. Legislators will hold public hearings around Wisconsin to gather information on the specific concerns in the various regions of the state. The speaker’s office has already been contacted by dozens of groups including Wisconsin Wetlands Association, the UW Milwaukee School of Freshwater Sciences and the Wisconsin Conservation Voters. “The goal is to take input from everyone; stakeholder groups, individuals and local officials,” said Speaker Vos. “Every important solution starts with robust conversation. The Task Force will be traveling to 11 Wisconsin cities to get input. Next week Mauston, Wisconsin will have their hearing on Wednesday, June 12, 2019 and La Crosse, Wisconsin will have their hearing on Thursday, June 13th, 2019. For more information, click here.
The LWV US Tool Kit for Climate Action is an excellent resource for getting started. Take some time to explore this website - the menu on the right has links to a wide array of information, advice and examples.
The upper Upper Mississippi is that part of the Mississippi that starts at the Headwaters and flows to the Twin Cities. Water quality in the upper Upper Mississippi River is very good. The river, especially in the furthest north reaches, is protected by extensive forests and wetlands. But threats to this river are growing - threats from land conversion and development. The river is in danger of becoming polluted, like the Minnesota, which would endanger the water supply of millions of Minnesotans as well as damage this invaluable natural resource.
Matt Gladue's talk at the Annual Meeting engaged the audience in understanding the value of the upper Upper Mississippi - in the heart and soul of Minnesotans, as the source of drinking water for millions, and as an invaluable natural resource for wildlife and recreation. The threats to the river are many, but it is within the power of Minnesotans to make a changes that will save the river.
The Nature Conservancy has a big idea for saving the river. They have identified critical conservation lands, about 2% of the land in the watershed, that if protected from development or restored to forest will help to protect the river. Matt talked about this project, and that The Nature Conservancy is working on doing grass-roots organizing to develop public support. They are also seeking organizations to partner with them in this effort. To learn more about TNC's big idea, click here. The videos below are broken up in part because Matt provided discussion periods during his talk and in part due to technical difficulties that resulted in small gaps.
LWV UMRR Advocacy Update - and how you can get involved in comments to the proposed Clean Water Rule12/11/2018 The dual mission of League of Women Voters - to educate voters and advocate on issues - is exemplified in the work of the LWV Upper Mississippi River Region. We provide information on a variety of topics in this blog, through our newsletter, and in the educational meetings we co-sponsor with local Leagues. And we advocate, through taking and advocating for positions on key issues. This post provides an update on work we are doing in three areas; the Farm Bill, the Clean Water Rule and Foxconn. Farm Bill: The conference committee report, which reconciles the differences between the House and Senate versions of the bill, was released early today. The Senate has already approved it, and a vote is expected in the House tomorrow. Here's a link to a summary of the bill, from the National Sustainable Agriculture Coalition. LWV UMRR has been participating in conference calls with this coalition, and on Dec 11 signed on to a letter to Congressional leadership urging final passage of the bill . The bill has many positive components, including continued support for income-based food support, strong and expanded conservation program funding, additional supports for dairy farmers and even a provision to ease restrictions on the growing of hemp. We will include more information on this bill in blog posts to come, so stay tuned. The full text of the bill can be read here. Clean Water Act preservation and support: LWV US was very involved supporting the initial passage of the Clean Water Act in 1970. (Read the history of LWV Clean Water Act advocacy here.) We are continuing this work through advocacy in two areas where our current federal administration is seeking to roll back Clean Water Act protections. One rollback is the rewrite of the Clean Water Rule. This multi-part rulemaking revolves around the definition of "Waters of the US". Here is the US, EPA rulemaking page, proposed changes were just announced on December 11, and a 60-day comment period will soon begin. LWV UMRR will work with LWV US to participate in this rule making. If you are interested in learning more about this proposed rule, and helping LWV UMRR prepare comments, please email us at lwvumrr@lwvmn.org. We will send you materials and set up a conference call to discuss possible comment areas. ADDITIONAL INFORMATION: The Environmental Integrity Project has issued a report on the impact of this potential rule change on Chesapeake Bay - Read more about it here. LWV UMRR and LWV US have also signed on to a letter to EPA, urging them to maintain the existing Clean Water Act 404(c) rules. These rules have been used by environmental groups to counter environmentally damaging projects. The sign-on letter was started by the National Wildlife Federation. Click here to read the letter. Click here to see the list of organizations that have signed on to the letter. Foxconn: LWV Wisconsin has lead LWV efforts to oppose the withdrawal of more than 7 million gallons per day of Lake Michigan water for this new industrial development near Racine. LWV Lake Michigan is party to the Petition seeking reconsideration by WI DNR. LWV Upper Mississippi has made a resolution in opposition, and will continue to find ways to work against this transfer. You can read the resolution here.
LWV UMRR will be traveling to southeastern Wisconsin for our February Board meeting. We will seek to meet with Leagues in the area to talk about the project, get an update and see how the recent change of administration in Wisconsin may affect things. Once the plans for this meeting are set, we will share them here on our 'Upcoming Events" page. There are three previous blog posts on Foxconn:
Frustrations... lack of progress... environmental groups are maddened but EPA is pleased...12/9/2018 The Cedar Rapids Gazette has dedicated resources to reporting on the progress of the twelve states that have agreed to work toward a 45% reduction in the amount of nitrogen and phosphorus discharged to the Mississippi, with a goal of reducing the 'dead zone' in the gulf. This is an excellent series of articles, and is highly recommended to be read in their entirety. The Gazette keeps their content behind a pay wall, however, allowing only so many 'reads' for free, and then requiring subscription at the introductory rate of $.99 for the first month. Here's a link to the articles - well worth checking into. All that said, now here on the blog we will attempt to provide a summary - or maybe a teaser - with quotes and illustrations from the Cedar Rapids Gazette. The main article looks at what's being done and where, and how little progress is being made despite lots of sound and fury and expense. We also add here some information on what is happening in Minnesota, the headwaters state, where implementation is incremental at best, and positive results seen only on a small scale while the larger problem grows. The article starts off with a problem statement: "A government task force said in 2008 it would cut nitrate and phosphorus pollution 45 percent by 2015 — both to help the Gulf of Mexico, where the nutrients have created a sprawling dead zone in which wildlife cannot survive — and to protect the health and safety of Midwest waters. Now 10 years later, the dead zone is growing, the 45 percent goal has been shoved back 20 years and, although millions have been spent in nearly every state along the Mississippi River, it’s not clear any progress is being made, a four-month investigation by The Gazette found." There has been no reduction in nutrients, and the 'dead zone' continues to grow. Illustrations from the Cedar Rapids Gazette articles. “The Gulf’s oxygen-deprived dead zone, called that because fish and other organisms must swim away or die, has an average size over the past five summers of 5,772 square miles. That’s three times larger than the task force’s goal of about 1,900 square miles. The group established the 45-percent reduction in nitrate and phosphorus running into the Mississippi because that’s what scientists think is needed to shrink the dead zone. The task force’s 2008 Action Plan, a 64-page document that doesn’t describe enforcement options, asked each of the 12 central U.S. states to develop their own plans for reducing nutrients. The states are Minnesota, Wisconsin, Iowa, Illinois, Missouri, Indiana, Ohio, Kentucky, Tennessee, Mississippi, Arkansas and Louisiana. The Gazette reviewed all 12 state strategies, talked with dozens of state agency leaders and found the following:
In this article, Erin Jordan (author) contrasts the lack of progress in the Mississippi Basin with the work that is being done in the Chesapeake Bay, where reductions were mandatory and the water is getting cleaner. Click "Read More" below for more on Chesapeake Bay and information about voluntary and regulatory efforts to reduce nitrogen releases in Minnesota.
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