Minnesota Center for Environmental Advocacy

Wetlands Summit to look for solutions to duck problem

When 5,000 people showed up at the state Capitol last spring for the "Ducks, Wetlands and Clean Water Rally," one of the results was a call for a major wetlands "summit."

That first annual Wetlands Summit is set for Feb. 4 at Normandale Community College in Bloomington. The event is from 8 a.m. to 5:30 p.m. The theme: Critically Reviewing our Wetland Heritage -- Reclaiming our Wetlands Future. (Click here to view the MCEA photo gallery of last year's Rally for Ducks, Wetlands and Clean Water)

MCEA Expands Legal Capacity, Welcomes New Litigator to Organization

The Minnesota Center for Environmental Advocacy (MCEA) recently added Kevin Reuther, an experienced attorney and public legal advocate, to its team of environmental lawyers. Kevin will serve as a primary litigator on environmental law cases with MCEA’s Legal Director and joins seven other attorneys at MCEA. MCEA has built a national reputation for its legal work to hold government accountable and enforce environmental laws.

Keith Ellison: The MPCA's mission has gone astray

Instead of a pollution control agency, it has moved on to protecting polluters.
Keith Ellison
Star Tribune - Opinion

On Oct. 25, the Minnesota Senate heard testimony from a scientist at the Minnesota Pollution Control Agency (MPCA) that she was silenced and reprimanded when she tried to find the source of persistent chemicals contaminating drinking water in the east metro area.

The scientist suspected that 3M Co. was the source of the PFCs, or perfluorochemical compounds, in drinking water, and she appealed to Commissioner Sheryl Corrigan to be able to continue her work to protect the public from these chemicals.

Corrigan, a former manager for 3M who still owns $20,000 in 3M stock, reportedly told the scientist to cease her research into the source of PFCs. The scientist is suing the MPCA in a "whistle-blower" case.

This is not an isolated incident. In fact, it reveals a disturbing pattern of bias in favor of private business interests over the public good. Although families from inner cities, suburbs, farms and small towns of Minnesota count on the MPCA to keep us safe from poisons in our air and water, the MPCA has too often put industry interests ahead of science and in front of public health.

Pioneer Press: Water and ducks on Rice Lake

 
Ducks, water return to lake
Dam restores level of disputed Rice Lake

BY ALEX FRIEDRICH
Pioneer Press

Despite warnings that the duck-hunting season at Hugo's Rice Lake could have been scotched this year because of low water levels, water is up in the recently dammed lake and waterfowl have returned to the area, watershed officials say.

More than 1,000 ducks were at the lake on the Oct. 1 opening weekend, state Department of Natural Resources officials reported.

And although water was too low in some areas for hunters to use boats, watershed officials now say recent rains have solved that problem.

Water has risen since the Rice Creek Watershed District installed a dam at the mouth of the lake Sept. 27. It was trying to recover from the lake's accidental draining earlier this year; the dam was delayed by bureaucratic battles with Hugo.

The legal battle surrounding the dam isn't quite over, but "the lake is where it's supposed to be — full," Rice Creek Watershed District Administrator Steve Hobbs said.

Judge Orders Rice Lake Restoration

Rice Lake, which drained after the local watershed district performed ditch work, must be restored to its previous condition by the Rice Creek Watershed District, according to the order of a district court judge in Washington County.

Star Tribune Editorial: MPCA/Mercury missteps need review

While commending Gov. Tim Pawlenty for acknowledging MPCA's shortcomings and missteps in the process of drafting a mercury clean-up plan for the state, this Star Tribune editorial also highlights "the agency's defensive and disingenuous accounting of how the mercury policy evolved" and says the MPCA commissioner, and thus the governor, have a "credibility problem."

Star Tribune Editorial: Annandale's water fix was inevitable

Annandale and Maple Lake feel singled out by last week's court ruling against their planned expansion of a wastewater treatment plant, and understandably so. Here are two cities whose hopes for growth, and apparently responsible approach to its environmental impacts, have foundered on factors that are not of their making.

But it was only a matter of time before foot-dragging in St. Paul and Washington produced such a result. Indeed, the inevitability of such pollution-based restrictions on economic development were the key reason more than 80 Minnesota business, environmental, agricultural and municipal government groups united this year behind a plan to that would accelerate the state's compliance with new federal rules. Unfortunately, their Clean Water Legacy program got mired in legislative nitpicking and failed to pass, despite support from the governor and leaders in both parties.

Media coverage of the Annandale-Maple Lake case

Articles ran on the front page of the Star Tribune and the Pioneer Press. Minnesota Public Radio and the Maple Lake Messenger also ran articles on our win. To view our press release or the court decision, go to our website www.mncenter.org.

Court Of Appeals Rules New Discharges To Polluted Lakes And Rivers Must Meet Federal Water Quality Standards

In a decision that sets a strong precedent in Minnesota, the Minnesota Court of Appeals today reversed a permit granted by the Minnesota Pollution Control Agency (MPCA) to the Cities of Annandale and Maple Lake for a new wastewater treatment plant. The court agreed with the Minnesota Center for Environmental Advocacy (MCEA) that a permit cannot be issued for dischargers that may cause or contribute to the impairment of a polluted water body. The court also ruled that MPCA could not rely on reductions by other facilities to off-set new or increased discharge of pollutants to an impaired water body.

John Marty: Appeasing mercury polluters, and lying about it

In this strongly worded opinion piece, which ran in the Star Tribune on Aug. 8, Sen. John Marty calls on the Minnesota Pollution Control Agency to establish reasonable requirements for reductions of power plant mercury emissions. A week ago, information MCEA supplied to the newspaper was used in a front-page article exposing the dealings between the agency and the Minnesota Chamber of Commerce before the release of the state's draft plan to reduce mercury emissions.

MPR: Court to decide wastewater issue for Wright County towns

Growing communities in Minnesota are are waiting for a decision by the state Court of Appeals on whether or not two Wright County towns can build a wastewater treatment plant on a polluted river.

Star Tribune Editorial: Mercury pollution/MPCA's credibility suffers

This Star Tribune editorial asks what is "most appalling in the Minnesota Pollution Control Agency's development of a new policy on mercury pollution: Its abandonment of clear targets and timelines for cutting emissions? Its coziness with polluters while doing so? Or its commissioner's effort to confuse public understanding after these matters were revealed?" Further, it calls for Gov. Tim Pawlenty to order an investigation into the matter and questions whether MPCA Commissioner Sheryl Corrigan will be able to remove "the taint of undue industry influence" from the process of developing a plan to lower mercury emissions in the state.

MERCURY FOLLOW UP: Links to MPCA TMDL Implementation Plan Documents, Before and After Industry Meetings

Through a data practices act request and review of internal emails, we now know that the staff at the Minnesota Pollution Control Agency (MPCA) developed a first draft of the mercury TMDL that included specific reduction targets and specific dates to achieve reductions for the three largest mercury emissions sectors. However, after meetings with industry, those targets and dates were removed from the current draft plan to reduce mercury in the state.

Environmental and Conservation Groups Call on Governor to Adopt a Mercury Reduction Plan that Protects Public Health

On Aug. 3, 27 environmental and conservation organizations called on Governor Pawlenty to halt the public comment period on the current mercury reduction plan developed by the Minnesota Pollution Control Agency (MPCA) and begin a new public comment period on the original plan that included clear reduction targets and criteria to trigger state regulation. Click on the link above to download the letter the groups sent to Gov. Pawlenty.

Mankato Free Press: Our View - MPCA too cozy with industry

By their actions, MPCA leaders are showing they're too cozy with the industries they are supposed to be regulating and that they are not doing their job for the residents of Minnesota.

Star Tribune: MPCA leader defends talks about mercury-control plan

The head of the Minnesota Pollution Control Agency (MPCA) on Monday defended the agency's decision to give industries and utilities a chance to review and comment on a proposal to control mercury emissions prior to making the draft plan public in December. MCEA stands by its criticism of MPCA's approach to drafting the plan.

Star Tribune: Mercury plan weakened by the MPCA Agency denies undue pressure

The Minnesota Pollution Control Agency last year weakened a statewide proposal to reduce smokestack mercury emissions after giving utility and industry officials an early, behind-the-scenes opportunity to suggest revisions. While discussing the draft plan with major mercury emitters, including Minnesota Power and Xcel Energy, MPCA officials last fall refused to meet with environmental groups, including MCEA, that support tough regulation of the toxic heavy metal. Internal agency documents show that an MPCA draft plan in October called for specific mercury-reduction targets in 2015 and later years. After showing that proposal to industry officials, MPCA officials dramatically rewrote it, eliminating the target dates and making other key changes. The plan does not require emission controls. MCEA made a request under the state public records law for MPCA documents and e-mails about the process. MCEA furnished copies of the documents to the Star Tribune.

UPDATE on Rice Lake: Watershed District Board passes resolution to replace Rice Lake water

The Rice Lake Watershed District Board passed a resolution on July 13 to replace the water in Rice Lake and address the impact of draining the lake on other public water wetlands.
Click on the link below to download a PDF of the board's resolution.

Rice Lake, an open water wetland complex and lake in the Paul Hugo Farms Wildlife Management Area (WMA) in Washington County and a popular hunting destination, was illegally drained this spring.

U.S. District Court Orders Revision of Clean up Plan for Polluted Southeastern Minnesota Rivers and Streams

Judge Donovan Frank of the U.S. Federal District Court in St. Paul issued a ruling yesterday afternoon in favor of the Minnesota Center for Environmental Advocacy (MCEA) and against the U.S. Environmental Protection Agency (EPA) and the Minnesota Pollution Control Agency (MPCA) finding that the government agencies had improperly developed a regional clean up plan (known as a “TMDL” or Total Maximum Daily Load) for a number of rivers and streams in southeast Minnesota that are polluted by fecal coliform bacteria. The MPCA must now revise the clean up plan.

MCEA wins at the Court of Appeals - helps protect high value waters

Agreeing with arguments made by MCEA, the Minnesota Court of Appeals reversed and remanded a permit granted by the Minnesota Pollution Control Agency to the City of Princeton for a proposed wastewater treatment plant. Princeton’s proposal will triple the city’s current capacity and begin a new discharge to the Rum River, a designated Outstanding Resource Value Water. To learn more, click on the link above. (Photo: Spider trees on Rum River by Rick Lorenzen)

5,000 Gather at Rally for Ducks, Wetlands and Clean Water

MCEA joined 5,000 citizens and nearly 40 other conservation and environmental organizations on April 2 to demand legislative action to protect wetlands, wildlife habitat, and clean water at the Rally for Ducks, Wetlands and Clean Water. Martha Brand, MCEA’s Executive Director (photo, left, by Tom Jes), was one of a long list of speakers at the rally in addition to Bud Grant, Don Young of Ducks Unlimited, Dave Zentner, Governor Tim Pawlenty and Senate Majority Leader Dean Johnson.

Calling for the passage of the Clean Water Legacy bill, Martha emphasized the need to protect Minnesota’s prize possessions—our lakes, river and wetlands—for the next generation of Minnesotans. She was greeted by loud rounds of applause (by way of duck calls) when she called for replacing our state’s failed “no net loss” wetland policy with a significant “net gain” policy to protect and enhance habitat and clean water. The speech emphasized that clean lakes and rivers and healthy wetlands habitat are vital to our wildlife populations, as well as the centerpiece of our state’s $9.2 billion tourism industry.

Bush Budget Slashes Clean Water, Conservation and Wildlife Initiatives

Defending Minnesota’s waters, lands and wildlife, 26 of the state’s leading environmental, conservation and civic organizations urged Minnesota’s congressional delegation to restore environmental and conservation funding cuts proposed by President Bush. Under President Bush’s proposed FY 2006 budget, Minnesota could lose over $32 million in promised funds that benefit conservation initiatives, environmental protection and critical habitat in our state. The Senate and House are expected to vote on the FY 2006 Budget Resolutions this week.

MCEA submits comments on Health Risk Limits for groundwater

In February, MCEA submitted comments on the Minnesota Department of Health’s (MDH) draft revision of Minnesota's Health Risk Limits Rule for Groundwater. Health Risk Limits or “HRLs” are quantitative guidelines intended to minimize public health risks of drinking water containing pollutants.

MCEA supports MDH's efforts to enhance protection of infants and children from chemical pollutants in drinking water, but there are aspects of the new HRLs methodology that need to be strengthened to protect public health.

MCEA will work with MDH to help ensure that Minnesotans have clean and safe drinking water by passing a rule that provides adequate protection for public health, with a particular focus on children's health.

Clean water bill backed by clout - Lawmakers Sviggum and Johnson key to proposal; Pawlenty support is likley

MCEA is advocating for the passage of the Clean Water Legacy Act this session, a bill that will raise the funding necessary to test and clean up our polluted lakes and rivers. The bill has garnered broad bi-partisan support in both the House and Senate. Read more about the bill in this Pioneer Press article. (Photo from Minnesota Pollution Control Agency)

Clean Water Legacy Draws Broad Bi-partisan, Bi-cameral Support

Legislative leadership from both sides of the aisle have signed onto a bill that would raise funds and create a framework to enable local communities to clean up the state’s most polluted lakes, rivers and streams.The legislation, called the “Clean Water Legacy,” was introduced this week (SF 762/HF 826) and has been co-authored by close to 40 members in the House and 10 in the Senate. MCEA is advocating for the passage of the Clean Water Legacy Act this session. (Photo by Jon Hunter: Clean Water Legacy press conference, Rep. Ozment speaking)

The Crow Shows Us the Future

This guest opinion article, written by MCEA's executive director and printed in the Outdoor News, describes a common place story in Minnesota. Currently, Minnesota has 2000 lakes and rivers that are contaminated, and like the Crow River, they require a clean up plan before additional sources of pollution (a/k/a “development”) can occur. To comply with federal law, in November 2004, MCEA brought the first lawsuit in state history preventing a new source of pollution until a watershed-wide clean up plan is in place. MCEA urges action on a legislative plan to clean up our contaminated lakes and rivers. (Photo: The Crow River, Minnesota DNR)

Water cleanup plan is back

A widely diverse collection of organizations, including the state's leading environmental and business groups, put together a plan to pay for an ambitious effort to test and clean up Minnesota lakes and rivers. Read more about the plan and the partnership - which includes MCEA - in this Pioneer Press article. (Photo by Julie A. Johnson)

Unprecedented Partnership Endorses Plan to Clean Up Minnesota's Lakes, Rivers and Streams

An unprecedented partnership of local governments, environmental organizations, business, and agricultural interests today endorsed a plan called the “Clean Water Legacy: a partnership to restore Minnesota’s impaired waters.” The partnership (of which MCEA is a member), called on the legislature to provide necessary funding and a framework to clean up our contaminated lakes, rivers and streams.

Dr. Tyrone Hayes to Present Research to the Minnesota Senate

Dr. Tyrone Hayes was recently invited to be a keynote speaker at a Minnesota Pollution Control Agency conference, than abruptly uninvited by order of the commissioner. After reviewing Dr. Hayes' research, the commissioner said that , "...she didn't think that it was keynote material." Dr. Hayes said it was an act of censorship. Emails obtained by the Star Tribune reveal that, in fact, concerns from management about his topic was the reason to drop him from the program. Click on the link below to read more, including the Oct. 20, 2004 Star Tribune article.

MCEA submits comments on Minnesota's shoreland regulations

Recently, the Minnesota Department of Natural Resources solicited comments on a possible update of the Department’s shoreland regulations. MCEA contends that a significant review and revision of our shoreland regulations is necessary to address on-going development pressures being placed on Minnesota's lakes and to better protect water quality and habitat.

MCEA Takes Action to Protect Minnesota’s Shallow Lakes & Bays

As the demand for cabins, homes and recreational opportunities reach capacity on our state’s deeper lakes, increasing development pressure is placed on lakes that are shallower, smaller, or that are particularly environmentally sensitive. Shallow lakes contain a delicately balanced environment, where relatively small amounts of pollutants or disturbances can have detrimental effects on water quality. To counter a significant housing and recreation development proposal, MCEA has commenced a lawsuit under the Minnesota Environmental Rights Act to protect Dead Lake in Otter Tail County from negative environmental impacts. The Dead Lake litigation is the first step in an MCEA plan to protect Minnesota’s most sensitive lakes and bays. (Photo: Proposed site for Blue Heron Bay Development on Dead Lake)

Renowned Berkeley Researcher Presents Findings on Frogs and Atrazine

In February, MCEA brought Dr. Tyrone Hayes to the Twin Cities for a series of presentations and meetings. Dr. Hayes presented his groundbreaking research on atrazine and frog deformities. A biologist at the University of California at Berkeley, Dr. Hayes has published several journal articles on the ecological effects of the herbicide atrazine. His research has ignited debate in the science community and with pesticide manufactuers. Atrazine is one of the most heavily used pesticides in Minnesota. (Photo: Dr. Tyrone Hayes at MCEA offices)

MPCA should rethink discharge permits

The Minnesota Pollution Control Agency should reconsider discharge permits for wastewater treatment plants in Owatonna and Faribault that contribute to high phosphorus levels in Lake Byllesby, a state appeals court concluded on Tuesday, January 6, 2004. The court reversed the decision to renew the permits and remanded the issue back to the agency for contested case hearings. The court agreed with arguments by MCEA that called into question the decision to renew permits without a phosphorus limit. (Lake Byllesby Photo July 2003, by Amy Goerwitz)

Minnesota Court Of Appeals Questions MPCA Decision-Making In Failing To Limit Phosphorus Discharges To Lake Byllesby

Today (January 6, 2004) the Minnesota Court of Appeals released a ruling that questioned the MPCA permit renewal process for the Owatonna and Faribault wastewater treatment plants. The ruling called for a contested case hearing on the permits. MCEA questioned the permit renewals due to negative water quality impacts on Lake Byllesby. According to Janette Brimmer, Legal Director of MCEA, “This is a victory for Lake Byllebsy, an important regional recreational lake, that like many lakes in our state, turn green from algae in the summer." (Lake Byllesby Photo July 2003, by Amy Goerwitz)

Wetlands still endangered by Bush directive

In December 2003, President Bush abandoned plans for a new rule that would have further weakened federal Clean Water Act protections for our nation’s wetlands, streams and rivers. However, in a commentary to the St. Paul Pioneer Press, MCEA board member and environmental lawyer, Jan Goldman-Carter, warns that many of Minnesota’s wetlands are still in jeopardy. (Photo from Minnesota DNR)

State adds 211 lakes, waterways for cleanup

On December 22, the Minnesota Pollution Control Agency proposed to add 211 waterways to the state’s list of impaired waters. This brings the total number of lakes and stream segments in Minnesota that need to be cleaned up under federal law to more than 1,100. John Curry, MCEA’s Legislative Director said attention to Minnesota’s water quality is long overdue. (photo from Minnesota DNR)

Renewal of permit for plant questioned

According to the Minnesota Court of Appeals, the PCA Citizens' Board erred when it renewed St. Cloud's wastewater treatment plant discharge permit without assessing impacts of phosphorus discharge miles downstream on the Mississippi.

Court of Appeals Rules on Contribution of Wastewater Phosphorus to Mississippi

On Sept. 12, the Minnesota Court of Appeals affirmed arguments made by MCEA that phosphorus is a significant pollutant to Minnesota’s lakes and rivers, and that the Minnesota Pollution Control Agency’s (PCA) interpretation of their phosphorus rule has been “unreasonably inflexible” in determining downstream phosphorus impacts from St. Cloud’s wastewater treatment facility.

MCEA Unveils Print Ads To Warn Of Detection Of Pesticide Contamination In Minnesota Groundwater

The Minnesota Center for Environmental Advocacy (MCEA) today unveiled print advertisements in several greater Minnesota cities as a way to warn citizens of potential groundwater contamination posed by compounds contained in many popular pesticides used in the state.

Readers are encouraged to call Governor Pawlenty’s toll-free phone number and ask that he require the Minnesota Department of Agriculture (MDA) to enact strong management practices for these pesticide compounds.

To view the ad or for more information on pesticides, continue reading.

Minnesota Court Of Appeals Rules MPCA Storm Water Permits Violate Clean Water Act

Today the Minnesota State Court of Appeals agreed with arguments made by the Minnesota Center for Environmental Advocacy (MCEA) that the Minnesota Pollution Control Agency (MPCA) general permit for Phase II storm water violates the public participation requirements of the federal Clean Water Act, and is not complying with agency rules to prevent degradation of water quality.

“Today’s decision is a huge victory for clean water in Minnesota,” said Janette Brimmer, Legal Director for MCEA. “Public participation is vital to making progress on aggressive storm water management and cleanup plans."

Study: Minnesota River still dirty

The Minnesota River remains heavily polluted despite a 10-year government commitment to make it "fishable and swimmable" by 2002, according to a report by MCEA.

Kris Sigford, water quality program director for MCEA, said some good things are happening. She credits the $312 million spent to upgrade the basin's three largest wastewater treatment plants with helping to reduce phosphorus by 37 percent and ammonia by 60 percent near where the river joins the Mississippi River. But Sigford said that more than $800 million spent during the past 15 years on agricultural programs has shown inconclusive results. Some farmers were paid not to plant crops near creeks and streams, but the arrangement was temporary, she said. Newer programs require 50-year or permanent easements.

Clean Up of Minnesota River Produces Mixed Results

Ten years after former Governor Arne Carlson announced an ambitious plan to clean up the Minnesota River, the $1.2 billion in public monies spent have yet to make the state’s most polluted waterway either fishable or swimmable, according to a report from MCEA.

“The good news is that we got significant and cost-effective clean-up from the largest wastewater treatment plants on the river” said Kris Sigford, Water Quality Director. “The bad news is that our $800 million investment in payments to farmers to stem agricultural runoff is showing inconclusive results, and the Minnesota River is still heavily polluted.”

Laws to protect public from pesticides not being followed - Minnesota Department of Agriculture called “watchdog that never barks”

Minnesota’s rivers, lakes, wildlife and citizens are not protected from widespread pesticide contamination, according to a study released by MCEA. The report, "Inaction Speaks Louder Than Words," concludes that the Minnesota Department of Agriculture has violated Minnesota law by failing to adequately monitor pesticide use and contamination or to take action to minimize contamination once it has been detected.

“MDA is supposed to be the state’s watchdog to protect Minnesotans from the harmful effects of pesticide contamination,” said MCEA Pesticide Project Director Bob Eleff. “But it’s a watchdog that never barks. We need greater vigilance to protect our health, especially the health of our children.”