Midwest Environmental Advocates

Midwest Environmental Advocates is a nonprofit environmental law center that works for healthy water, air, land and government for this generation and the next. We believe that every citizen has the potential to make a difference.

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Mining – a historic threat to clean water and air

Mining in Wisconsin is a state issue, and our state has developed specific laws and regulations to control what is mined (both metallic and non-metallic rocks and minerals), and how it is mined. But even with existing regulations, mining causes dust and mineral particles to be kicked up into the air, contaminated runoff seeps into surface and ground waters, and harmful chemicals get into our land and into the plants and animals living on it. With the potential for such impacts, effective mining laws and regulations must be enforced and strengthened.

Metallic mining – including iron ore

The extraction of metallic minerals such as iron, zinc or copper has a long history in Wisconsin, but legal regulation of their environmental impact and safety are a relatively recent development. Metallic mining can be very dangerous, since metallic minerals like iron and copper are commonly found in or around sulfide minerals. Particularly with open-pit or strip mining, sulfuric acid is formed when sulfide minerals are exposed to air and water. As a result, when sulfide minerals are excavated in connection with mining of metals, the non-valuable sulfide minerals release acid that can contaminate groundwater and surface water.

Fear of pollution from the acidic waste rocks is what has led many towns and Native American tribes in Wisconsin to oppose nearby mines. Because of the potential harm from metallic mines, we must insist that regulations to protect the environment and public health are scientifically sound and systematically enforced. Read more about the current threat iron ore mining poses to the Penokee Range in Iron and Ashland counties.

Non-metallic mining – including frac sand

Non-metallic mining is the extraction of stone, sand, rocks, and other similar minerals. The most common example of a non-metallic mine is a quarry. These mines extract minerals such as limestone, granite, gravel, or sand which are used for road building, landscaping, building supplies for homes, and other everyday uses. More recently, Wisconsin has seen a boom in frac sand mining, which targets a specific type of sand particle that is utilized in natural gas extraction.

While not as dangerous as the sulfuric acid produced by metallic mining, sand and silica from the mines, or from trucks transporting the minerals, is easily airborne and can be a serious public health hazard. Non-metallic mines require large quantities of water to control dust, or to wash sand before its sale. Diverting large amounts of surface or groundwater can impair the rights of nearby or downstream users as well as harm the environment. Finally, frac sand mining uses a mixture of chemical flocculants that can contaminate rivers and drinking water supplies when the diverted water is discharged. Unfortunately, non-metallic mines are much harder to monitor because there are currently no state regulations that specifically govern their conduct, and town and county regulations for these facilities rarely exist.

Midwest Environmental Advocates works to protect Wisconsin’s environmental heritage and economic opportunities by promoting sound, science-based mining regulations. We recognize the diverse populations and types of communities that mining impacts and believe that all Wisconsinites should be aware of what mining can mean for our land, water and air.

Resources Related to this Issue

Frac sand - MEA comments on draft general stormwater permit

Midwest Environmental Advocates submitted comments to the DNR at the end of April to encourage the agency to improve its draft of frac sand mines’ stormwater and wastewater management permits.

Sifting the Future: The Ecological and Agricultural Footprint of Frac Sand Mining in Wisconsin

April 21, 2016 Eau Claire event flier

Ho Chunk Nation critique of IWHI Health Impact Assessment of Industrial Sand Mining in Western WI

March 9, 2016 Ho Chunk Nation press release and critique of the Institute for Wisconsin's Health, Inc.'s Health Impact Assessment of Industrial Sand Mining in Western Wisconsin.

Sifting the Future: The Ecological and Agricultural Footprint of Frac Sand Mining in Wisconsin

April 20, 2016 event flier

MEA critique of IWHI Health Impact Assessment of Industrial Sand Mining in Western Wisconsin

On February 9, Midwest Environmental Advocates sent a letter to the Institute for Wisconsin’s Health to express concern about a recent report’s short shrift given to air quality concerns from fine particles of dust created in industrial frac sand mining.

MEA response to IWHI response to MEA critique of HIA

February 19, 2016 Midwest Environmental Advocates' response letter to Institute for Wisconsin's Health, Inc. response to MEA's critique of the Institute's Health Impact Assessment of Industrial Sand Mining in Western Wisconsin.

IWHI Response to MEA review of HIA

February 14, 2016 Institute for Wisconsin's Health, Inc. initial response letter to Midwest Environmental Advocates' critique of the Institute's Health Impact Assessment.

Frac sand: strategic analysis scope comments from MEA

FML - Contested Case Hearing Decision

December 1, 2014 order.

Frac Sand - MEA Statement to the NRB on the Petition for Strategic Analysis

Frac sand: 2014-9-12 storm water sampling results page 1

Frac Sand: 2014-9-12 FINAL frac sand stratgic analysis petition PDF

FTS - Air Pollution Control Permit Review Comments

March 15, 2013 permit review by Wingra Engineering, S.C. President and Environmental Engineer, Steven Klafka, P.E., BCEE

FTS - Petition for Judicial Review

In the event the DNR rejected our request for a contested case hearing, this secondary action from July 23, 2013 is a petition for judicial review of the permit.

FTS - Petition for Contested Case Hearing

July 23, 2013 petition to the Wisconsin Department of Natural Resources to request a contested case hearing before the Department of Hearings and Appeals to review the FTS International air pollution permit.

FTS Frac Sand Mine Air Pollution Permit Challenged: Stronger Permits Needed To Protect Public Health

Comments on Preferred Sands, LLC air pollution control permit application - 1/7/2013

Midwest Environmental Advocates commented on an air pollution control permit for the frac sand company, Preferred Sands in Trempealeau County, WI, with the help of an environmental engineer to review the potential public and environmental health impacts.

Iron range geology study by Lawrence University Professor Marcia Bjornerud

Geochemical, mineralogical and structural characterization of the Tyler Formation and Ironwood Iron Formation, Gogebic Range, Wisconsin. The report was originally published in July, 2012 for the Great Lakes Indian Fish and Wildlife Commission by Marcia Bjornerud, Professor of Geology at Lawrence University, among other authors. The study is both a meta analysis of existing literature on the geologic composition of the Penokee Range as well as a review of geochemical research done by Lawrence University staff. The report is important because it shows that sulfide minerals exist in the iron range and would contribute to sulfuric acid pollution if exposed to air and water in taconite excavation and processing.

Bad River’s Opposition to AB1/SB1: Changes in Mining Regulations Pose Risks to Public Health

Bad River Band press release outlines the Tribe's continued objections to iron mining in the Penokee Hills.

Bad River Tribe: Position on Proposed Penokee Hills Mine and 10 Principles for Regulatory Change

This position statement includes the Tribe's opposition to mining the Penokee Hills, but also lists the 10 principles upon which any future changes to Wisconsin legislation on mining industry regulation and permitting for sites across the state.

Great Lakes Indian Fish and Wildlife Commission: Iron Mining in the Lake Superior Basin

Report from 2011 on the taconite ore industries in neighboring Minnesota and Michigan. The report outlines the identification, removal, processing and waste disposal of iron ore and minerals as well as related environmental impact concerns.

Nature Conservancy: Iron Mining in the Penokee Range - What’s at Risk

Written by the Nature Conservancy in Madison, Wisconsin, this short report includes photos and descriptions of the natural resources around the Penokee Range, a map of the surface waters that are downstream of a potential iron mine, and questions to ask before making policy decisions about making changes to state regulations.

Town Regulation of Frac Sand and Non-Metallic Mining Operations in Wisconsin

This outline provides an overview of the legal avenues that towns can take to protect their citizens from the impacts of frac sand mining. Glenn Stoddard, private attorney and Midwest Environmental Advocates friend, kindly provided this outline.

Frac Sand Mining in Wisconsin: Legal Background for Citizens & Community Groups

Midwest Environmental Advocates has published this six-page guide to educate Wisconsin citizens and community groups about the legal background and legal opportunities of fighting a frac sand mining operation.

A Guide to Community Organizing

This is a basic, easy-to-follow guide on how to organize your neighbors to take action regarding a problem in your community.