Wisconsin Manufacturers and Commerce

Wisconsin Manufacturers and Commerce (WMC)

What is Wisconsin Manufacturers and Commerce? Since 1911, WMC has been the state's chamber of commerce. A chamber of commerce is an association of businesses
designed to help protect and promote business interests, often at the expense of helping low income families, labor union advancement, and environmental protection policies. Most, if not all of their actions are solely based on the interests of business, disregarding any other aspect of any situation. WMC articulates their strong opposition to environmental conservation which is extremely concerning in the state of Wisocnsin and should be brought to light.

So, what has WMC done to prevent environmental protection in the state of Wisconsin? There are an alarming number of examples. This includes rejecting clean water standards, supporting Enbridge's Line 5 and much more. The purpose of this blog is to uncover the pattern of actions WMC has taken to reject environmental conservation starting with the opposition to the lead pipe bill in 2017, to the lawsuit against the Wisconsin Department of Natural Resources (DNR) over their ability to regulate toxic PFAS chemicals in 2022.

Lead Pipe Bill

Lead is found on both public and private water service lines in over 120 municipalities in Wisconsin. After proving that replacing just the public sides of lead service lines will actually cause lead levels to rise in the homes being served, both EPA and the DNR announced that private service lines containing lead need to be replaced as well. Although this is the most efficient way to remove lead, it is challenging since it requires funding. Most homeowners with lead water services have limited income. To resolve this, financial assistance programs that help homeowners replace their lead services lines were called for by legislation. In 2017, WMC, the only organization that opposed, argued that the towns affected already have plenty of money available for aiding property owners. Curt Witynski, deputy executive director in the League of Wisconsin Municipalities, complained that WMC was willing to “risk a flint, Michigan-type occurrence in Wisconsin.” WMC opposed financial assistance programs ultimately because it would cause an increase in the members' water bills, something the chamber claimed they could not sacrifice for the citizens of Wisconsin. They were, however, willing to risk lead contamination.

High Capacity WellsImage depicts a high capacity well. It's a side view showing above and below ground. On the top half you see a blue sky with a green tree to the right. There's a layer of green in the middle of the image showing the ground, and underneath there's a blue section depicting groundwater. In the center of the graphic there's a brown cylinder with the words "high capacity well" on it, and it extends from above ground, through the green land mass, down through blue, horizontal, wavy lines that depict the water table, and down into the blue section that represents groundwater. Between the blue wavy lines and the blue groundwater are the words "water table declining" to show what happens with excessive pumping.

High capacity wells have the capacity to withdraw more than 100,000 gallons per day. According to the Wisconsin Legislature, approval is necessary for the construction or operation of a high capacity well system, school well or wastewater treatment plant well. If too many high capacity wells are in one area, there will be a risk to the underground water table, also known as water levels, being drawn too low. This can lead to decreased water levels in streams, rivers, and lakes. In 2016, Clean Wisconsin filed nine different challenges against the Wisconsin DNR on the granting of high-capacity well permits, which across the state were draining lakes and threatening water. Fast forward three years, and on the same issue in 2020, WMC is responsible for submitting comments to the Wisconsin DNR that deny the state’s authority to impose certain restrictions on high capacity well permit applications, decreasing their ability to consider environmental consequences in 2020.

Nitrate rule

NR 151 is a chapter of the Wisconsin Administrative Code that establishes runoff pollution standards as well as prohibitions for agricultural facilities and practices designed to achieve water quality standards. WT-19-19, familiarly called the Nitrate Rule, was a proposed revision of these sets of rules. The process, started in 2019, would have established agricultural nonpoint source performance standards targeted to lessen pollution of nitrate in areas of the state with highly permeable soils, susceptible to groundwater pollution. These types of regulations are vital in order to protect residents of Wisconsin from drinking contaminated water. Nitrate is an extreme health hazard as it is linked to various diseases such as thyroid disease, colon cancer and non-Hodgkin’s Lymphoma. Unfortunately, WMC sent comments to the DNR opposing the Nitrate Rule. Their claim was that the “DNR failed to estimate what this rule will cost dairy farmers of all sizes, as they failed to include compliance costs for any of our state’s 300 CAFOs (Concentrated Animal Feeding Operations).” WMC’s lobbying work erases the difference between the impacts of industrial scale CAFOs and smaller family farms that utilize good practices and uses upfront cost as a reason to ignore health. Frustratingly enough, this revision of NR-151 failed. While the rule updates would have set strong nitrate regulations in Wisconsin's water that protected health and prevented the major cost associated with the health impacts of water contamination.

PFAS

In January, 2021, Gov. Tony Evers declared he would hire lawyers to pursue lawsuits against employers who process or use PFAS in their productions. PFAS are man-made chemicals that drain into land, and contaminate groundwater and drinking water sources, which is then ingested by communities all over the country. PFAS chemicals are linked to a variety of health problems including immune system damage, change in thyroid and pancreatic function, cancer, and other major health concerns. WMC President & CEO Kurt Bauer called Gov. Evers’ announcement an “unfortunate political stunt,” and even questions if the health effects of PFAS are accurate. “Other states, such as Michigan, Ohio, New Hampshire, and Vermont, have already pursued litigation against corporate actors responsible for PFAS contamination.” Wisconsin is clearly behind on this matter and WMC is evidently making the process worse.

Just another example in May, 2021, WMC filed a lawsuit against Wisconsin DNR for PFAS sampling in wastewater. They claimed that the DNR is “unlawfully seeking to sample for PFAS that’s released from industrial and municipal facilities.” Ultimately, WMC does not want the DNR to collect samples and release data about PFAS to the public. Testing is the first step to treating the issue of PFAS contamination, and WMC is fighting it at all costs. The negative impacts of PFAS contamination are only becoming more clear, and the industries causing that pollution need to be held responsible.

Recently, in February, 2022, the Natural Resources Board of the Department of Natural Resources took action on three pending PFAS rules. Scott Manley, WMC’s Executive Vice President of Government Relations, testified about WMC’s concerns with those rules, of course, testifying against them. In the end, The Board voted to amend the proposed standard of 20 ppt for PFAS to 70 ppt. This “mirrored” EPA’s 70 ppt advisory at the time, though some states set lower limits, of 12 to 20 ppt in their drinking water. Since February, the EPA has announced new health advisory levels for four PFAS chemicals. The new advisory level for PFOS and PFOA, the subject of the DNR's rules, has been lowered more than 1000-fold. The new advisory levels are well below 70 ppt, and shows Wisconsin’s responsibility when it comes to water quality standards. What’s more, the rule that would have regulated PFAS in groundwater failed, despite the fact that the DNR is the only agency that regulates groundwater. All water systems are connected, and this was a major missed opportunity.

Frederick Prehn

Frederick Prehn has refused to vacate his seat on the Natural Resources Board of the DNR almost one year after his six year term with the Wisconsin DNR expired on May 1, 2021. Attorney General Josh Kaul announced that the Wisconsin Department of Justice filed a complaint in Dane County Circuit Court to prevent Prehn from continuing to unlawfully serve on the Wisconsin Natural Resources Board, which oversees the DNR. The Wisconsin DNR is responsible for creating wildlife policy, which includes setting hunting quotas for wolf populations. Prehn decided to force through an excessive wolf hunting quota with total disregard for the recommendation of the state’s own expert biologists. WMC in contrast, applauds Prehn's actions and continues to urge him to stay as the NAtural Resources Board Chair. So, why does WMC appreciate Prehn so much? According to Tony Wilkin Gibart, Executive Director at Midwest Environmental Advocates, records show that Prehn remains on the Natural Resources Board in order to prevent the actions that have been taken in regards to PFAS contamination. As we know, WMC rejects PFAS contamination regulations therefore it is not surprising they want to keep Prehn on the board.

Spills Law

Wisconsin’s Spills Law requires anyone who is responsible for contaminating air, water, or land with hazardous materials to report that release, and allows the DNR to require that party to restore the affected area. It is one of the only public health protections Wisconsin has to try and address PFAS contamination. In February, 2021, WMC filed a lawsuit against the DNR in which it challenged the Spills Law. According to the Wisconsin Examiner, Dr. Beth Neary, co-president of Wisconsin Environmental Health Network, said. ‘If WMC succeeds in this case, Wisconsin would be forced back into the dark ages of environmental protection, where we could remain for a very long time.” As of April 7th, 2022, a judge made the unfortunate decision to support WMC. Environmental advocates expect this decision to be appealed.

Line 5

Opposition to Line 5 has been widespread in the region for years, and currently Enbridge, the pipeline owner, is pursuing additional work on Line 5 in both Wisconsin and Michigan. In November of 2020, Michigan Gov. Gretchen Whitmer ordered the shutdown of Line 5 Pipeline, saying the threat to the Great Lakes and the entire region was too great. Line 5 pipeline transports 22 million gallons of crude oil and natural gas liquids every day from Superior, Wisconsin through Michigan’s Upper Peninsula, under the Straits of Mackinac, and down to refineries in Sarnia, Ontario. Line 5 was originally built in 1953 and has operated much longer than its anticipated lifetime. The pipeline threatens critical wetlands, defies tribal sovereignty, and overall puts Wisconsin a step backwards in terms of climate change. In contrast to the shutdown, WMC has backed the oil company Enbridge in a federal lawsuit against Gov. Gretchen Whitmer’s decision to shut down the pipeline.

WMC’s Executive Vice President, Scott Manley, is also actively supporting Enbridge Line 5 in Wisconsin, as of February 2022. Manley claims the pipeline gives fuel to homes in Wisconsin in order to provide heat in the Winters. However, 90-95% of the oil Line 5 carries passes through back to Canada, with no product used in Wisconsin. Alas this gives WMC no reason to prevent the shutdown of Line 5 besides their unfair favoring of corporations and disregard for the environment.

Why does this matter?

WMC is known as the “state’s most influential business lobbying group,” according to The Milwaukee Journal Sentinel.. It is important to understand that WMC solely has business interests in mind and favors corporations, the wealthy, and polluters at the expense of the general public – their health and their pocketbook. The examples listed above are certainly not the only actions WMC has taken that harm low income low income families, labor union advancement, and environmental protection policies.

You can help dismiss WMC’s unlawful actions. If you or anyone you know has an association to WMC, let them know you are aware of, concerned with, and watching what will happen with their participation in lobbying for measures that go against protecting the rights of every resident of Wisconsin. Together, let us fight for ethical business practices in Wisconsin and uncover the unnecessary actions WMC has taken to favor corporations, the wealthy, and polluters.

Written by Tess Wadsworth, Organizing Project Aide.