In this Issue:

Mining Moratorium Bill Update and Action Alert
Jobs AND the Environment
Exxon Accused of Astonishing Ruse in Oil-Spill Trial
“Mining in Wisconsin: Protecting Our Rights, Preserving Our Resources”
Golden Dreams, Poisoned Streams
Exxon vs. the Environment
“Takings” and LeavingsPrinciples of Takings Law in Wisconsin
Who’s Behind the Coalition for Fair Regulation
The “Wise Use” Movement and “People for Wisconsin”
Exxon’s Waste Water Pipeline
Human Rights and Environmental Justice
Mining and Oil Extraction in Great Lakes Basin Now on IJC Agenda
Mining in the Lake Superior Basin
Wisconsin Setting International Example
Heavy Metal Toxicity and Metallic Mining
Facts and Figures about Quality of Life in Wisconsin
Meet Your Northwoods Neighbor - Bob Schmitz
Reduce, Reuse, Recycle
Join Mining Impact Coalition of Wisconsin Inc.
Mining Impact Coalition Meetings in Milwaukee

MINING MORATORIUM BILL VOTED OUT OF COMMITTEE - WITHOUT AMENDMENT

On November 11, 1997, the Assembly Environment Committee voted on and passed the controversial Mining Moratorium Bill (SB3 / AB70) with a vote of 6 to 4.

Though Committee Chair Marc Duff (R-New Berlin) attempted to push through a mining-company approved amendment, the Committee voted to keep the bill as SB 3, as initially proposed.

ACTION: Rep. Spencer Black, AB70 sponsor, urges all Wisconsin citizens to contact their Assembly representatives at 1-800-362-9472 (Legislative Hotline). They need to hear from you from now until January, when AB70 will be put before the Assembly for a vote. Important - The message: “Vote YES to Senate Bill 3 (SB3) as it stands - without any substitutions or amendments!”

Your legislators NEED to hear from you today! Encourage your friends, family members, co-workers, and neighbors to contact their legislators and ask for their support of the Mining Moratorium Bill (AB70/SB3).

This is common-sense legislation that asks mining companies to prove that their technology works - before trying it out in Wisconsin’s Northwoods at the headwaters of the pristine Wolf River!

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Jobs AND the Environment!

by Gerry Gunderson
United Steel Workers of America Local 1527 (Milwaukee)

“. Therefore, be it resolved that the membership of UAW Local 72 strongly opposes the proposed mining project in the Crandon area. ..”

“... The CWA 4620 stands in solidarity with the many other unions and environmental groups in Wisconsin that have also enacted resolutions endorsing a Mining Moratorium Bill and asks members of the community to contact their legislators and add their voices to those calling for such a bill.”

“... The South-Central Federation of Labor, AFL-CIO, strongly opposes CMC’s proposed copper/zinc sulfide mining venture ..”

There were among the excerpts of resolutions quoted by union members from Madison in testimony given to the State Assembly Environment Committee at the West Allis public hearing on October 14, 1997. The strong union turnout helped give moratorium supporters a notable edge in numbers, passion, solidarity, and creativity at the hearing.

Among those union members staking out pro-Moratorium and/or anti-Crandon Mining Company positions at the hearing were autoworkers (UAW), steelworkers (USWA), communication workers (CWA), teachers (AFT, MTI), “Wobblies” (IWW), operating engineers (OE), bus drivers (ATWU), state and local employees (AFSCME), graphic communication workers (GCIU), and others. Although pro-mining union members attended the hearing (some paid by their companies to appear and/or provided with transportation, signs, T-shirts, etc.), only two unions were represented, the USWA and OE.

Pro-Moratorium unionists have been active in the months leading up to the hearing, educating other union members on the issue, leafletting at union events such as LaborFest, Central Labor Council and local meetings, and at picket lines. We have spoken at public forums and have provided people with educational materials on mining and “Wise Use” groups. (For more on the “Wise Use” movement, see )

These efforts to educate paid off in widespread union support for the Moratorium Bill and effectively nullified the narrow union support that the Wisconsin Manufacturer’s and Commerce (WMC)-backed Coalition for Fair Regulation was able to generate through months of propagandizing and flooding two Milwaukee-area mining equipment manufacturers with misleading literature. Even that narrow base of support was far from universal, due to the untiring efforts of pro-Moratorium unions - all this in WMC’s and CFR’s stronghold in Milwaukee.

On November 3, Ed Garvey and Barbara Lawton announced their candidacies for Governor and Lieutenant Governor, respectively. Significantly, the announcement was made at a building that houses many unions, including GCIU Local 577-M and the Milwaukee County Labor Council. Exxon’s proposed Crandon Mine was a prominent topic!

For more information / to join the Coalition of Labor Against Sulfide Mining (CLASP), call Gerry Gunderson, at (414) 543-8474 or see our web site at:
http:/ www.alphacdc.com/treaty/ wwep.html.

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“ALL NEW TECHNOLOGIES ARE INTRODUCED IN TERMS OF THEIR UTOPIAN POSSIBILITIES. THE DOWNSIDE OF THE STORY IS LEFT FOR A LATER GENERATION TO DISCERN AND EXPERIENCE, WHEN THE TECHNOLOGY IS MUCH MORE DIFFICULT TO DISMANTLE.” - JERRY MANDER (IN ABSENCE OF THE SACRED)

Exxon Accused of Astonishing Ruse in Oil-Spill Trial

According to an article that appeared in the June 14, 1996 New York Times, a Federal judge held that Exxon Corporation, its chairman and its lawyers had been part of an “astonishing ruse” to attempt to manipulate the jury that awarded $5 billion dollars in damages to pay the victims of the 1989 Exxon Valdez oil spill in Prince William Sound Bay, Alaska.

The jury awarded $5 billion dollars in damages against Exxon in September, 1994, after a trial lasting more than four months.

Judge Russel Holland said Exxon had acted as “Jekyll and Hyde” by “behaving laudably in public and deplorably in private.” He criticized a secret agreement Exxon lawyers made with seven seafood processors in 1991 that he said had been intended to let the oil company, in effect, share in any future damages it would be forced to pay. It was reported that under this agreement the seven Seattle-based seafood processors settled claims with Exxon for about $70 million, but then promised to return to Exxon any money they received from awards of punitive damages.

Brian O’Neil, the chief trial lawyer for the plaintiffs, who included Alaskan natives, fishermen and land owners, said that what the judge found was a “kickback agreement between 22 Exxon and the seafood processors”.

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GOLDEN DREAMS, POISONED STREAMS

A new report from the Mineral Policy Center, Washington D.C., assesses the destructive impact hardrock mining has on water resources, provides an expert scientific and legal framework that concerned citizens can use to understand the problem, and recommends what can be done to stop mining pollution.

The book is vividly illustrated with photos that tell the tale of mining pollution throughout the U.S. and abroad. It is also a factual account of how mining affects water quality and would make a handy resource for anyone who care about the health and future of our natural environment.

To order, send check or money order for $25 to “ Golden Dreams, Poisoned Streams” c/o Mineral Policy Center, 1612 K Street NW, Suite 808, Washington, D.C. 20006. Or call: 1 (202) - 887-1872.

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MINING IN WISCONSIN: PROTECTING OUR RIGHTS, PRESERVING OUR RESOURCES

DECEMBER 11, 1997

Waukesha Public Library 321 Wisconsin Ave. Waukesha 6:30 - 8:30 p.m.

Speakers on “takings” include: Ed Garvey, gubernatorial candidate Kira Henschel, Mining Impact Coalition Carl Zichella, Sierra Club Panel of local officials and citizen delegates.

For more information, call MIC Milwaukee Chapter (414) 964-5758

“EXXON claims that new technologies will prevent damage here. However, those technologies are unproven. ... Across the country, sulfide mining wastes have caused extensive environmental damage.”

Representative Spencer Black (in response to the Oct. 19, 1997 editorial in the Milwaukee Journal Sentinel )

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Exxon VS. the Environment

“Corporations are taking as much as they can from the worker’s pockets for their own.”

(Cecil Roberts - United Mine Workers - “Both Sides”/CNN, 8/17/97).

“The Chairman of Exxon Corp., the world’s largest oil company, urged developing countries to avoid envi-ronmental controls that would hinder their develop-ment in developing countries. Encouraging these countries to increase, not curtail, their use of fossil fuels, Mr. Raymond said nature was to blame for most global warming. Mr. Raymond warned that if too much emphasis is put on environmental rules that cost investors money, oil multinationals can always invest elsewhere. (Wall Street Journal, October 14, 1997).

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“COALITION FOR FAIR REGULATION”
(a.k.a. Citizens for Fair Regulation - when it suits them)

The Coalition for Fair Regulation specifically represents the interests of the mining industry. It is directed and funded by the Crandon Mining Company (a subsidiary of Exxon and Rio Algom) and was formed not only to defeat pending legislation referred to as the Mining Moratorium Bill (Assembly Bill 70), but any legislation that hinders their profits. CFR wants to “strike a chord with business and people who are fed up with government regulation.” That regulation includes laws that are meant to protect the health, safety, and welfare of the citizens of Wisconsin. CFR’s business tactics are not only offensive and distasteful, but in the minds of many Wisconsin citizens unethical as well!

According to the National Association of Manufacturers, Exxon is also a member of the Air Standards Coalition, yet another “Astro-turf” (or fake green, pseudo-grassroots) group. The ACI opposes the US Environmental Protection Agency’s proposed amendments to the Clean Air Act, which include a ban on dust particle emissions.

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Principles of Takings Law in Wisconsin

Excerpted from (Summary by Brian w. Ohm, J.D., UW-Extension)

What is the takings issue all about?

The “talkings” issue recognizes the need to balance two competing principles: respect for the property rights of individuals and the public’s ability to further the interests of all citizens by regulating an individual owner’s potential uses of land. Often these principles are expressed when one property owner argues: ”I can do what I want with my property” while another property owner counters: “You cannot use your property in a way that will harm the interests of the community.” It is difficult to draw an exact line separating the two interests. Instead, courts have developed various rules that attempt to balance private rights and public rights within the confines of both the United States’ and Wisconsin constitutions. This balancing also occurs within the context of society, so the rules are constantly evolving.

The Fifth Amendment to the United States Constitution states: “... nor shall private property be taken for public use, without just compensation.” This phrase is known as the “Takings Clause.” For many years, the Takings Clause was a limitation on only the power of the federal government and not on the activities of the states. Today’s Wisconsin Constitution, similar to that of the United States, provides that “the property of no person shall be taken for public use without just compensation therefore.”

¨ Private property is held in subordination to the rights of society. Although a person owns property, he may not do with it as he pleases, any more than he may act according with his personal desires. ... It was not intended by these constitutional provisions to so far protect the individual in the use of his property as to enable him to use it to the detriment of society. ... Where the interest of the individual confilcts with the interest of society, such individual interest is subordinated to the general welfare.” (State v. Harper - 1923)

¨ A regulation will be upheld if it furthers a public purpose and leaves a property owner with some economically viable use of their property. (Zeth v. City of Waukesha - 1926)

¨ While property owners have a right to reasonable use of their property, neither the U. S. nor Wisconsin Constitution guarantee the most profitable use. (Just v. Marquette County - 1972)

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THE “WISE USE” MOVEMENT AND “PEOPLE FOR WISCONSIN”

By Al Gedicks

Executive Secretary - Wisconsin Resources Protection Council

The Wise Use Movement developed out of the timber conflicts in the Pacific Northwest. The term “Wise Use,” as applied to land and resource use, came out of the Multiple Use Strategy Conference in Reno, Nevada in August 1988. The conference was sponsored by the Center for the Defense of Free Enterprise (CDFE), a conservative educational foundation based in Bellevue, Washington. Among those in attendance were Exxon and several right-wing extremist groups like the American Freedom Coalition and the Citizens Equal Rights Alliance (CERA), a national alliance of anti-Indian groups.

Ron Arnold, executive vice president of CDFE and a leader in the Wise Use Movement, said that “Our goal is to destroy environmentalism once and for all”.

Wise Use believes that the Earth’s resources were meant to be exploited for human gain and profit. The “Wise Use Agenda,” a movement handbook that was published after the Reno conference, lists 25 goals including the immediate development of oil resources in the Arctic National Wildlife Refuge, the opening of all national parks and wilderness areas to mining, and the systematic harvest of “decaying” (read “old growth”) trees on national forest lands.

One of the most important Wise Use groups is “People for the West” (PFW), a Pueblo, Colorado- based organization that has professional organizers in five Western states supported largely by mining corporations. Although PFW describes itself as a “grassroots” organization, this is quite misleading. In 1991-92, twelve of the thirteen members of PFW’s board of directors were mining industry executives (Kate O’Callaghan, “Whose Agenda for America” p.85).

The initial impetus for PFW’s move into Wisconsin came from Ed May, a former chief geologist for both Kennecott and Exxon in Wisconsin. It was May who said that “Discovery of the Flambeau deposit far exceeds in importance the size of the ore body, as it has opened the way to the development of a new domestic mining district (May, p.39)” Widespread citizen opposition to Kennecott’s exploration in western Wisconsin now threatens this corporate plan.

For more information on these groups, contact Al Gedicks at 210 Avon St. La Crosse, WI 54603, (608) 784-4399.

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EXXON’S WASTE WATER PIPELINE TO THE WISCONSIN RIVER

The Crandon Mining Company (CMC ) proposes to pump approximately 1 million gallons of waste water each day from the Crandon mine and transport the water containing toxic elements through a 38-mile pipeline to the Wisconsin River. By using the mixing action of the hydro-electric turbines at Hat Rapids Dam, approximately 6 miles south of Rhinelander, they would be able to dump more pollutants at a faster rate. The amounts of waste water to be pumped range from 1300-3000 gallons per minute in their 1987 plan, to 700+ gallons per minute in more recent reports. According to CMC’s Engineering Report, the Wisconsin River option is the least expensive way to get rid of these wastes. It is cheaper (approximately 20 million dollars less) for CMC to pump their wastewater 38 miles, than it is to clean it to the standards necessary to dump it into the Wolf River - which has state designated Outstanding Resource Water (ORW) status. The pipeline would be buried plastic pipe that will run alongside of the existing state highway rights of way through Forest and Oneida counties. The wastewater would enter the Wisconsin River approximately one mile north of the Lincoln County line.

There are serious risks involved in diverting this massive amount of water from the Wolf River watershed. The Wolf would be devastated by any drop in water level or contamination from Exxon’s mine. Both Oneida and Forest counties have legal authority to negotiate Local Agreements with CMC, while Lincoln County does not. Some of the regulatory interests include possible rezoning and addressing the likelihood that the natural drawdown would lower water levels in surrounding lakes, rivers, and streams and dry up local wells. The potential for other north woods mining district projects may also lead to increased demands on county land and water resources.

A Wisconsin citizen coalition from Tomahawk investigating Exxon’s proposed pipeline and Wolf River watershed diversion is POWR - (Protect Our Wolf River) Box 505, Tomahawk, WI 54487.

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HUMAN RIGHTS AND ENVIRONMENTAL JUSTICE

Excerpts from “Life and Death Matters” - War on Subsistence”
(Mining Rights at Crandon/Mole Lake) by Al Gedicks

Michigan Indian tribes in northern Wisconsin, Minnesota and are seriously threatened by sulfide mining operations in ways that are difficult for non-Indians to perceive. For Indian people, natural resource harvest is more than a means to provide food. It is a cultural activity that renews both the Indian person and the resource that is harvested.

Water degradation and habitat destruction as a result of mining is one of the central threats to Wisconsin’s Native American nations.

Rice Lake and the bounty of the lake’s harvest lie at the heart of the Mole Lake Sokaogon Chippewa and their identity as a culturally distinct people. The rice and the lake are the major links between themselves, Mother Earth, their ancestors and future generations. Wisconsin's Mole Lake Chippewa were not reassured when Exxon’s biologist mistook their wild rice for a “bunch of weeds.”

The proposed Exxon sulfide mine lies less than 2 miles from the Mole Lake Reservation on territory sold by the Chippewa Nation to the United States in 1842, and directly on a 12-square mile tract of land promised to the Mole Lake Band of Sokaogon Chippewa in 1855. Treaties (considered the Supreme Law of the Land) guarantee the Chippewa access to world rice, fish and some wild game in ceded territory.

Wisconsin’s Native Americans, particularly those who live along the Great Lakes or in close proximity to contaminated waters face greater health risks associated with eating contaminated fish, deer and wild rice. Pregnant and lactating mothers are especially at risk for illness and disease.

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WISCONSIN SETTING INTERNATIONAL EXAMPLE OF DEMOCRATIC RESOURCE DECISION-MAKING

On April 1, 1997, four of the five incumbents on the Town Board of Nashville (Forest Co.) were ousted as a result of the board signing a local agreement with the Crandon Mining Company. It was the largest voter turnout in Nashville history.

In Franklin (Milwaukee Co.), the July 8th recall election was similar to Nashville’s reclamation of democracy. The incumbent third district Alderwoman was defeated by Chris Magyar for allegedly not representing the concerns of her constituents in regard to mining and the proposed quarry expansion.

In Caledonia (Racine Co.), a grassroots organization recently campaigned for and saw the election of three candidates whose campaign platform included opposition to the proposed expansion of the Caledonia limestone quarry (operated by Vulcan Materials).

In Saukville (Ozaukee County), two of the three current town board members - including Town Chairman Terry Hoffman - were elected on a platform that included opposition to the proposed Payne and Dolan quarry.

In Lannon (Waukesha County), Shirley Ravnic was elected Village Board President following a campaign that focused on municipal water issues. (The Village of Lannon has four operating limestone quarries that have created problems involving drawdown and loss of private wells).

These campaign victories occurred as a result of citizen action to reclaim control over community natural resources and a government in which the people hold the ruling power, either directly or through their elected officials.

Statewide, during 1997, over 60 resolutions, local laws and ordinances have been passed to prevent or slow mining - be it metallic hardrock mining or limestone quarrying. This battle to reclaim control over our resources and their use through public education and our votes must continue!
(see http://www.earthwins.com/rescamp.html for listing of resolutions).

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Things to think about:

Heavy Metal Toxicity and Metallic Mining

The health risks associated with metallic sulfide mining are dangerous and long-term. The chemistry of milled tailings (what’s left over after target minerals are removed) contains elements that can be extremely toxic such as lead, arsenic, sulfur, zinc, uranium, cadmium, copper, cobalt, etc. The toxicity of these elements is usually measured in parts per billion and even in very small amounts, can change or destroy sensitive and balanced life functions.

Lead (Pb), for example, can affect both the renal and hematological systems and specifically targets the central nervous system. Sub-lethal exposure to lead elicits changes in behavior, particularly learning. Lead-poisoned fish lose their ability to catch aquatic prey.

Other behavioral mechanisms of heavy metal toxicity in fish is best described by Milwaukee’s Marine & Freshwater Biomedical Sciences Center researchers Daniel Weber and Richard Spieler in Aquatic Toxicology - Molecular, Biochemical, and Cellular Perspectives (Lewis, 1994).

The Marine and Freshwater Biomedical (MFB) Sciences Center of UW-Milwaukee is one of five aquatic centers supported by the National Institute of Environmental Health Sciences to explore, develop, and utilize non-mammalian aquatic organisms as models in the study of human environmental health problems. It is the only such center located on the Great Lakes and continues to lead the efforts to understand the biological effects of chemicals and other factors in the environment which produce or may lead to adverse effects on human and aquatic health.

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Facts and Figures about Quality of Life in Wisconsin

Wisconsin’s Northwoods tourism industry generates 5 to 6 billion dollars in revenue each year. Over 50,000 tourists annually are attracted to northern Wisconsin to enjoy fishing, boating, hunting, camping, whitewater rafting, and canoeing. The citizens of northern Wisconsin look forward to the summer months when their income increases as a result of the recreation their natural resources provide the tourists. Even the public perception of degradation to the area’s natural resources would have an adverse economic effect. How many tourists would say “can't wait to see Exxon’s largest toxic waste dump in the state of Wisconsin?”

The 1996 Wisconsin Bluebook reports that 14,000 lakes, 2,000 trout streams, 5,000 campsites, and 6 million acres of hunting land contribute to Wisconsin’s recreational assets. Approximately 67 million fish and 2 million game animals of various species are taken annually. Conservation patron licenses issued in 1988 were 449, in comparison to 12,243 in 1993. Utilization of the state forests exceeded 4.5 million visitors, and state trails recorded 450,165 users.

It seems hypocritical that some of Wisconsin’s elected officials who belong to organizations such as “Ducks Unlimited” or “Pheasants Forever” and petition the state regulators to increase the fishing and hunting license fees to increase revenues for the state are the same ones who advocate on behalf of the mining industry.

Sue Lipkowski, President of Chicago Whitewater Association, reminded DNr Secretary Meyer that Chicago outdoor enthusiasts are willing to travel hundreds of miles to northern Wisconsin to enjoy the Wolf river and our beautiful lakes and landscapes - and willingly contribute their disposable income to our state revenues. Ms. Lipkowski states “EXXON is not the government - we are”. “The Wolf River will not perish”. (Milwaukee Shepherd Express July 10, 1997).

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MEET YOUR NORTHWOODS NEIGHBOR BOB SCHMITZ

Bob Schmitz is President of the Wolf River Watershed Alliance, a state coalition of fishing, environmental and Native American organizations committed to protecting Wisconsin’s north woods and Wolf River watershed. A retired former union president, chief steward and board member of the Wisconsin Telephone Company CWA Local 5520, Bob is an exemplary community activist and environmental warrior. His love for fishing, hunting and trapping began as a small boy. Through the teachings of his uncle Bob learned to respect the environment and wildlife.

At 75, Bob continues to travel thousands of miles throughout Wisconsin, giving presentations and educating people about the social, environmental and cultural impacts of metallic sulfide mining. He is well- versed on Exxon’s proposed Crandon project and passionately continues the fight against Exxon and for the rights of all Wisconsin citizens to live in healthy and sustainable communities.

Your Efforts Are Greatly Appreciated

Thank you Bob!

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Especially during this Holiday Season -

Please Remember to

Reduce

Reuse

Recycle!

- About 1.5 million tons of Wisconsin scrap metal are recycled each year. The remaining 250,000 tons are landfilled.

- It takes 75 percent less energy to recycle steel than to produce it

- from virgin materials, and there are no restrictions on the use of steel beverage cans to make new steel products, including cars, appliances and new beverage cans. (Wis.DNR Recycling Markets Directory, 1991)

- According to Mineral Policy Center,with today’s technology, it takes about 2.8 tons of ore to produce a gold wedding band (in ore containing only 15/10000% of gold).

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The Mining Impact Coalition of Wisconsin, Inc. - Milwaukee Chapter hosts monthly meetings (open to the public) every second Tuesday of the month at the Peace Action Center, 1001 East Keefe Ave. Call MIC at 964-5758 to confirm meeting time/location.. The Milwaukee Area Greens Mining Task Force will begin hosting monthly meetings in Franklin (Milwaukee Co.) starting November 13, 1997. If interested contact Linda Sturnot at 414-421-9462.

Stop by and See What You Can Do to Help Stop Exxon and Keep Wisconsin Waters Clean!

Downstream is published by Mining Impact Coalition of WI, Inc. with the help of volunteers and donations from members and supporters. Our Mission: Mining Impact Coalition is a grassroots, charitable 501(c)(3) organization established to protect and preserve our natural and cultural communities through sustainable development. The Coalition facilitates research, education and communication about mining and minerals via a global information network. Special Action Alerts give you / your organization opportunities to keep Wisconsin’s water clean and our state’s environment and economy strong for the future.

• Social, economic and environmental impacts of unsafe mining
• Sustainable use of the world's mineral resources

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