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Meteor Timber wetlands fill and frac sand facility

— Meteor Timber, LLC seeks approval from the Wisconsin Department of Natural Resources to destroy an unprecedented amount—16.25 acres—of pristine forested wetlands for a proposed industrial sand facility.

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This page is up to date as of June 27, 2018.

In January 2018, MEA intervened in an administrative challenge to the state wetland permit issued to Meteor Timber, and we appeared on behalf of the Ho-Chunk Nation at a hearing on the permit. An Administrative Law Judge ruled in favor of the Ho-Chunk, MEA and Clean Wisconsin by invalidating the Meteor Timber permit. See the resources section below for a copy of the administrative decision. This was a significant victory for the people of Wisconsin, our pristine wetlands, and the integrity of our environmental laws.

Unfortunately, Meteor Timber appealed the Judge's decision to the DNR Secretary. DNR granted Meteor's request for a political appointee to review a well-reasoned administrative decision that is based on extensive legal briefing and evidentiary hearing. Additionally, Meteor Timber appealed the administrative decision by filing a Petition for Judicial Review with Monroe County Circuit Court. MEA responded to Meteor Timber’s petition for judicial review and filed a proactive challenge to the validity of the rule that the DNR relied upon to grant Department review of the Ho-Chunk Nation’s administrative success. All referenced pleadings are available in the resources section at the bottom of this page.

MEA, on behalf of the Ho-Chunk Nation, will continue to defend the public’s right to protection of our natural resources in the legislative, agency, and judicial arenas.


Case Summary

Meteor Timber, LLC seeks approval from the Wisconsin Department of Natural Resources to destroy an unprecedented amount—16.25 acres—of pristine, forested wetlands in order to build a new industrial sand facility. Meteor Timber asserts that it must fill these wetlands to construct a load out facility in Monroe County in the Town of Grant, which will supply sand to a planned processing facility in Jackson County. The project, if approved, would destroy high quality wetlands that provide critical ecosystem services to the county as well as a rare habitat for a number of threatened and endangered species, including the Eastern Massasauga Rattlesnake.

The scope of Meteor Timber’s plan is massive in comparison to the state’s recent history in issuing wetlands fill permits for the frac sand industry. Since 2008, the DNR has permitted 26 acres of wetland fill for 60 industrial sand facilities. Wetland destruction for Meteor Timber alone would represent more than 60% of the total wetland acres filled for sand facilities.

During the boom of industrial sand mining in Wisconsin, residents have witnessed landscape-scale destruction in the Driftless region. But consistent with the boom-and-bust nature of mining, there are about 32 inactive industrial sand facilities around the state. Meteor Timber asserts that it would be too cost prohibitive to use an existing facility. The company defends the environmental damage associated with its project by promising to put parcels of land into a conservation easement.

Midwest Environmental Advocates believes that it isn’t in the public’s interest to destroy pristine wetlands and their essential ecosystem functions in order to make industrial sand mining more profitable. The environmental costs associated with this proposal are simply too great and are not outweighed by Meteor Timber’s attempt to sweeten the deal with wetland restoration and preservation.

In January, representatives of Meteor Timber said the company will clear-cut parcels of land if it does not get permission to fill wetlands for the facility. Midwest Environmental Advocates joined the Ho-Chunk Nation in asking the Army Corps of Engineers to deny permission for the plan to fill wetlands. The Wisconsin Democracy Campaign also raised their concerns about complex conflicts of interests for a law firm that serves as Meteor Timber’s attorneys and Jackson County’s corporation counsel.

In early March, the DNR granted preliminary approval before a public comment period. On March 6, 2017, we told WIZM radio that the public needs more details about Meteor Timber’s plan in order to question and comment on the permit proposal.

The Wisconsin Department of Natural Resources held a hearing on Meteor Timber’s request for a wetland fill permit on April 18, 2017 in Tomah, WI. Sarah Geers, MEA staff attorney, attended and spoke during public comments. The hearing was covered by the La Crosse Tribune and WXOW-TV ABC-19.

On Monday, June 19, 2017, Midwest Environmental Advocates – on behalf of the Ho-Chunk Nation – filed a petition to challenge the wetland fill permit issued to Meteor Timber LLC for an industrial sand processing facility and rail project. Clean Wisconsin also challenged the permit and requested administrative review by the Wisconsin Department of Natural Resources. The petitions ask to put the wetland fill on hold until the parties can get review of the agency’s decision. View Clean Wisconsin's petition for a contested case hearing.

Access Meteor Timber’s application and correspondence with the DNR online (Search for application No. WP-IP-WC-2016-42-01514-01524).