WISCONSIN SUPREME COURT LATE
THIS WEEK ON HIGH-CAPACITY WELLS
AND WASTEWATER PERMITS.
THE 4-2 DECISION PUTS THE
DEPARTMENT OF NATURAL RESOURCES
BACK IN THE BUSINESS OF
CONSIDERING ENVIRONMENTAL
EFFECTS OF SUCH WELLS AS WELL AS
PERMITS FOR LARGE DAIRY
OPERATIONS.
THE COURT WAS DECIDING HOW MUCH
AUTHORITY THE DNR HAS AFTER A
2011 LAW LIMITED THAT POWER AND
A 2016 OPINION FROM THEN
ATTORNEY GENERAL BRAD SCHIMEL
BACKED THAT UP.
THE DECISION IS A BIG WIN FOR
THE ENVIRONMENTAL GROUP CLEAN
WISCONSIN, WHICH TOOK THE CASE
TO COURT.
CLEAN WISCONSIN ATTORNEY EVAN
FEINAUER IS HERE AND THANKS VERY
MUCH FOR BEING HERE.
>> THANKS FOR HAVING ME.
>> WHAT IS YOUR REACTION TO THE
HIGH COURT'S RULING?
>> WELL, THE INITIAL REACTION IS
RELIEF.
THESE WERE TWO CASES THAT WE AND
OUR PARTNERS IN THESE CASES HAVE
BEEN WORKING ON FOR A VERY LONG
TIME.
THE INITIAL CASE, THE WASTEWATER
PERMIT CASE, GOES BACK TO 2012.
THE OTHER WAS FILED IN 2016.
SO THESE WERE LONG-AWAITED FINAL
DECISIONS FROM THE STATE'S
HIGHEST COURT THAT PUT TO BED
ISSUES THAT WE'VE BEEN FIGHTING
OVER IN COURT FOR YEARS.
SO A BIG WIN WITH A LOT OF
INVESTMENT OF TIME AND RESOURCES
BEHIND IT.
>> SO WHAT HAPPENS NOW TO THE
EIGHT HIGH-CAPACITY WELLS THAT
WERE AT ISSUE IN THE COURT CASE?
>> WELL, THESE WERE WELLS THE
DNR HAD ALREADY DETERMINED WERE
GOING TO HAVE SIGNIFICANT
ADVERSE IMPACT ON SURFACE
WATERS, WHICH VIOLATED THE STATE
CONSTITUTION.
SO NOW ALL THAT'S LEFT FOR THE
DNR TO DO IS SORT OF DO THE
PAPERWORK TO REGAIN THOSE WELLS.
THE COURT SENT THEM BACK TO THE
DNR WITH DIRECTIONS TO DO THAT.
THOSE WELLS WON'T BE GOING IN
UNLESS SOMETHING CHANGES ON THE
GROUND THERE.
IN ADDITION, THE DNR WILL DO AN
IMPACT ANALYSIS FOR OTHER WELLS
AND WE'RE GOING TO CONTINUE
MONITORING TO MAKE SURE THEY
IMPLEMENT THAT AUTHORITY
EFFECTIVELY AND APPROPRIATELY TO
PROTECT OUR WATERS.
>> AND THEN ON THE OTHER CASE,
WHAT ABOUT THE 2500 ANIMAL FARM
IN KEWAUNEE COUNTY AND THE WASTE
FROM THAT?
>> YEAH.
SO THIS ONE, KA CAFO PERMITS, TE
PERMITS EXPIRE AND HAVE TO BE
RENEWED EVERY FEW YEARS.
SO IT'S TRICKIER BECAUSE THERE
IS A RENEWAL PERIOD.
WHAT WE HOPE DNR WILL DO IS WITH
THIS AFFIRMATION OF ITS
AUTHORITY, WHICH WE BELIEVE IT
HAD THE WHOLE TIME, IT'S WHY WE
BROUGHT THE CASE, THEY WILL
BEGIN AND CONTINUE TO USE ALL
THE TOOLS AT ITS DISPOSAL AS
APPROPRIATE AND BACKED TO MAKE
SURE THE PERMITS CONTAIN
CONDITIONS THAT ADDRESS THE
WIDESPREAD AND SERIOUS
GROUNDWATER CONTAMINATION ISSUES
WE HAVE.
IN THIS PARTICULAR CASE WE WERE
TALKING ABOUT A LIMIT ON THE
SIZE OF THE FARMS AND SOME
MONITORING TO SEE WHEN AND WHERE
AND IF CONTAMINATION IS
OCCURRING.
AND SO AT A MINIMUM THEY SHOULD
BE IMPOSING THOSE CONDITIONS
WHERE APPROPRIATE AND THESE
PERMITS.
>> SO WHAT HAVE BEEN THE EFFECTS
OF TEN YEARS OF APPROVALS FOR
HIHIGH-CAPACITY WELLS AND
LIVESTOCK WASTEWATER PERMITS
UNDER THAT 2011 LAW?
>> YEAH.
SO THERE HAVE BEEN, YOU KNOW,
TAKING THEM ONE AT A TIME, IN
THE HIGH-CAPACITY WELL CONTEXT,
WE'VE SEEN AN EXPLOSION AND A
CONCENTRATION OF THESE WELLS IN
THE PRECEDING DECADES.
AND WHAT THAT MEANS IS THE
QUANTITY OF WATER IN A
RELATIVELY SMALL GEOGRAPHIC
SPACE HAS GONE UP EXPONENTIALLY.
THE LAST TEN YEARS WASN'T GOOD
FOR THAT BECAUSE IT WAS A GREEN
LIGHT TO INCREASE WATER
CONSUMPTION.
HOPEFULLY THAT'S CHANGING NOW.
BUT GIVEN THAT THE RULING
OUTSIDE OF THE EIGHT WELLS IS
SORT OF PROSPECTIVE, IT WILL
CHANGE HOW WELLS ARE APPROVED
GOING FORWARD, THIS WON'T UNDO
ALL THE HARM THAT'S BEEN DONE.
BUT THE LIGHT AT THE END OF THE
TUNNEL HERE WAS WITH REGARD TO
THE WELLS, IS NOW WE CAN START
TALKING ABOUT LONGER-TERM
SOLUTIONS TO SHARE WATER
RESOURCES.
THAT'S WHERE WE NEED TO BE
GOING.
THAT MAY REQUIRE ADDITIONAL
AGENCY ACTION OR LEGISLATION.
IN THE FARMS CASE, WE HAVE
WIDESPREAD GROUNDWATER
CONTAMINATION THAT PEOPLE USE
FOR DRINKING WATER ALL OVER THE
STATE.
THIS CASE ISN'T GOING TO SOLVE
THOSE PROBLEMS.
BUT IT SENDS A SIGNAL TO THE DNR
TO IMPOSE STANDARDS THAT PROTECT
PEOPLE'S HEALTH.
SO FOR THE LAST TEN YEARS,
FRANKLY, A LOT OF FOLKS HAVE HAD
SIGNIFICANT WATER QUALITY
CONCERNS AND THEY HAVEN'T ALWAYS
BEEN GETTING A LOT OF HELP FROM
THEIR STATE GOVERNMENT.
WE HOPE THAT THAT CHANGES.
>> BECAUSE WHAT KIND OF
MITIGATION IS NEEDED, IN YOUR
MIND, GIVEN WATER LEVELS AND
THIS WELL CONTAMINATION?
IS THERE MONEY EARMARKED TO DO
THAT ANYWHERE?
>> YEAH.
AT THE END OF THE DAY A LOT OF
THIS IS ABOUT RESOURCES.
SO YOU A THE LEGAL AUTHORITY IN
THE WORLD WON'T CHANGE THINGS ON
THE GROUND IF WE DON'T HAVE THE
PERSONNEL AND RESOURCES AND
BUDGET TO MAKE IT HAPPEN.
SO THAT'S WHY THESE CASES, THESE
VICTORIES ARE A BIG DEAL AND
OPEN UP AWESOME OPPORTUNITY TO
DO WORK TO HELP FOLKS AND
PROTECT WATER.
BUT WE'VE GOT TO GO OUT AND MAKE
IT HAPPEN.
CLEAN WISCONSIN IS VERY ENGAGED
WITH THE STATE BUDGET TO TRY TO
GET OUR ASKS IN THERE AND
LOBBYING HARD TO PUT MONEY
TOWARDS PROTECTING WATER
RESOURCES.
WE KNOW HOW IMPORTANT IT IS.
THAT'S EXACTLY RIGHT.
WE NEED TO FOLLOW UP THE LEGAL
ABILITY WITH THE ACTUAL
COMMITMENT TO THESE GOALS.
>> ALL RIGHT.
WE LEAVE IT THERE.
EVAN FEINAUER FROM CLEAN
WISCONSIN, THANKS VERY MUCH.
>> THANK YOU.
>> IN OTHER LEGAL NEWS, PURDUE
PHARMA, MAKER OF OXYCONTIN, HAS
REACHED A SETTLEMENT DEAL WITH
SEVERAL STATEMENTS, INCLUDING
WISCONSIN.
ACCORDING TO ATTORNEY GENERAL
JOSH KAUL WISCONSIN IS EXPECTED
TO RECEIVE MORE THAN $65 MILLION
TO FUND OPIOID ABATEMENT
EFFORTS.
INDIVIDUALS WILL ALSO RECEIVE
COCOMPENSATION AS PART OF THE
RESOLUTION