For wide distribution
Menominee Treaty Rights & Mining Impacts Office
Condemns Politicized DNR
(Keshena, WI) The most recent extension of the date for the Master
Hearing for Exxon's proposed Wolf River mine to 1999 has prompted an
official of the Menominee Nation to become extremely critical of the
role the DNR is playing in the permitting process.
"It's become increasingly obvious that George Meyer and the DNR are
acting as cheerleaders for Exxon," states Ken Fish, Director of
Menominee Nation Treaty Rights & Mining Impacts. "Since the Governor
made the head of the DNR an appointed position and cut the Public
Intervenor in 1995, almost everything the DNR has done regarding the
permitting process for Exxon's proposed mine indicates the DNR has
become completely politicized. From the way the DNR treats the public
to the relationship it has with Tribes and other governmental agencies
-- even to the language it uses -- the DNR gives every sign of being
pro-mining."
Fish is particularly frustrated by the extension of the Master Hearing
to 1999. "Thanks to the extension of the EIS process into 1999, the DNR
can look forward to two more years of indirect funding by Exxon/Rio
Algom while Tribes, environmental groups, and other Wisconsin citizens
reviewing CMC's EIS must fund hundreds of thousands of dollars of their
own work themselves."
The DNR is the central unit of State Government responsible for
reviewing Exxon's mine permit application. Wisconsin Statute 144.82
states the Department of Natural Resources "serves to ensure that the
air, lands, waters, plants, fish, and wildlife affected by mining in
this state will receive the greatest practicable degree of protection
and reclamation." The DNR follows State Laws and promulgate rules
protecting the environment and regulating mining.
The Natural Resource Board recommends the laws which the DNR
administers. While State Legislators are elected, the seven members of
the Natural Resource Board and the Secretary (head) of the DNR are
appointed by the Governor. The Natural Resource Board is a Department
within the Executive Branch. Thus, rather than being responsible first
to the citizens of the state, the DNR answers first to the Governor.
Fish states that since the discovery of valuable deposits of metallic
sulfide ore in the 1960s, "Wisconsin citizens have been the victims of
a thirty year siege by multinational mining companies with the readily
apparent cooperation of the DNR." Fish believes the DNR has
demonstrated a bias toward mining companies throughout the entire
permitting process, as documented by Al Gedicks, Ph.D. in The New
Resource Wars published in 1993, and "A Question of Bias," written by
John Schwarzmann and published by ECCOLA in 1996.
"The documents published by Gedicks and ECCOLA, as well as documents
released since 1996, clearly establish that from the 1970s, and
especially since the election of the present Governor in 1986, the
Wisconsin State Legislature, under the direction of the Governor and
the cooperation of a DNR controlled by that Governor, has
systematically revised and weakened laws regulating sulfide mining in
Wisconsin," states Fish.
Fish says the power the DNR has to act for mining corporations and
against the public can easily be seen in the 1994-1996 petition drive
and subsequent lawsuit to get the DNR to follow its mandate to protect
state waters by banning metallic sulfide mining. Despite over 10,000
petitions from citizens, the DNR maintained -- and successfully
appealed in court -- its position that it did not have the authority to
ban metallic sulfide mining. "In effect what we had during that time,
was a Department of Natural Resources actually campaigning for the
mining companies, since those companies would be the ones who would
benefit most from sulfide mining," states Fish.
Fish does not believe the DNR can be impartial in the permitting
process: "How can DNR be impartial? The Governor appoints the Natural
Resources Board and the Secretary of DNR. The DNR Secretary appointed
the recently reactivated Metallic Mining Council which advises Natural
Resource Board on legislation regarding mining. We can see the
pro-mining bias of the DNR in its appointments. The majority of the
Metallic Mining Council was officials of mining companies and companies
which benefit from mining."
"I think it is highly likely that a serious conflict of interest
exists between the DNR in its role of environmental protection and its
role as the permitting agency for mining companies," states Fish. Under
state law, Exxon/Rio Algom's wholly owned subsidiary, Crandon Mining
Company (CMC), must pay for all costs associated with the permitting
process. That means CMC will be paying for the Master Hearing when the
Hearing Examiner will either be the Secretary of DNR or appointed by
the Secretary. Under those circumstances, with a pro-mining Governor in
control of the DNR, I do not believe there can be any possibility of an
impartial hearing."
Fish says documents obtained by the Mining Impacts office appear to
show the DNR working with CMC on the company's public relations
campaign. "We have a CMC July 1996 Monthly Summary dated August 13 1996
where Exxon authorized over $1 million for public relations. We also
have a memo from a former employee of CMC on the same date detailing a
discussion with DNR Secretary George Meyer's former Executive Secretary
who said she would be "delighted" to discuss DNR's public relation
campaign about the mine. Then over the next year the public is
subjected to a barrage of TV, newspaper, and radio ads paid for by CMC.
It's not too hard to see the connections between CMC and the DNR. They
even use the same words in their publications."
"Citizens are being given the run-around by the Wisconsin Legislature
and the DNR," states Fish. "Ask a legislator about stopping the Crandon
mine and the Legislator will say the DNR has the authority. Ask the DNR
about stopping the mine and the DNR will say Wisconsin citizens have to
go to their Legislature to get laws changed. But when thousands of
citizens demand stronger laws from their legislators, those legislators
say Wisconsin has the strongest laws in the country and they trust the
DNR to enforce them. Then the DNR opposes any change in laws that would
strengthen protection of environment, like the sulfide Mining
Moratorium bill."
"Recently the DNR held hearings all over the state to promote proposed
changes in groundwater rules. These rule changes would not provide any
more protection for groundwater. The DNR's new rules still would not
change the 1200' mining companies can pollute groundwater around their
mine sites and waste sites," stated Fish. "The DNR spent how many
taxpayer dollars to hold those meetings? But when citizens along the
Wisconsin river pleaded for hearings about Exxon's proposed 38 mile
wastewater pipeline, the DNR refused at first to have any kind of
meeting. It took a year and thousands of citizen calls and letters to
get the DNR to hold one informational meeting last May."
Fish states, "Wisconsin citizens and Indian tribes have endured years
of siege by Exxon for a mine that the DNR only believes can be safe.
The DNR does not have scientific proof based on example that Exxon's
proposed Wolf River mine will not contaminate the river. The DNR
admitted their reliance on faith when they wrote in 1995: "DNR staff
believe appropriate application of currently available technology for
pollution prevention combined with the comprehensive regulatory
controls provided in state laws and rules are capable of providing the
necessary level of environmental protection for future mining projects
in this state."
"After three years of the current permitting process with Exxon, the
DNR still does not have conclusive data which proves Exxon's mine will
not contaminate the Wolf River. The company can't even get its
groundwater flow model to work right," Fish states. "When will the DNR
say enough is enough? If I was a college student and I flunked 3 years
of college, I'd be out. But the DNR just lets Exxon keep draining the
emotional and financial resources of state citizens."
"The Governor and the DNR have painted this picture of themselves,"
Fish states. "Exxon knows it can't win on science, it's losing the
public relations war, and Wisconsin citizens are not going to give up
until they get effective laws that protect their communities. So what's
next?
*****************************************************
"I don't know how long
I'm going to be here
but when I'm gone
I want you people here
to take the fight and continue it
and to not give up
until Exxon is no more."
Hilary J. "Sparky" Waukau, Sr.
Menominee Nation Treaty Rights & Mining Impacts Office
P.O. Box 910
Keshena, WI 54135
Ph: 715-799-5620 / FAX: 715-799-5692
Email: nomining@mail.wiscnet.net
http://www.menominee.com/nomining/
Email: treaty@mail.wiscnet.net
http://www.menominee.com/treaty/