Bill would end Wisconsin moratorium on sulfide mining, create easier path to future mining

A bill that would end the moratorium on sulfide mining in Wisconsin also retools other regulations aimed at easing the way for future mining projects in the state.  

The legislation is sure to spark a big fight between environmental and business interests over whether sulfide mining can be carried out safely in Wisconsin and whether the bill, in effect, will roll back protections.

Mining companies have eyed Wisconsin for years, but according to mining supporters, the state's laws are too restrictive.

The legislation targets mining for minerals such as copper, zinc, gold and silver in sulfide rock deposits that have the potential to create acidic runoff and pollute ground and surface water.

That is the chief concern of environmentalists: Sulfide deposits will leach into water and cause long-lasting damage.

The last such mine in Wisconsin, near Ladysmith, was successfully closed and reclaimed in 1999. But environmentalists point to copper and zinc pollution in a small stream on the site as evidence that the Flambeau mine remains a source of pollution.

One of the bill's author's, Sen. Tom Tiffany (R-Hazelhurst) said Monday that modern mining technology allows sulfide mining to be carried out safely. In the case of the Flambeau Mining Co., he noted a federal appeals court ruled the mine complied with federal clean water laws when it closed the plant. 

Tiffany said he conferred with mining companies and mining experts — including a hydrogeologist at the Department of Natural Resources — to write the legislation.

On a separate front, a new group has organized to lobby the Republican-controlled Legislature on behalf of the mining legislation.

The Natural Resource Development Association said in a statement that changes in current mining laws "can create a new generation of mining jobs that will help employ thousands of people across Wisconsin through not only mining, but other industries that contribute to mining operations, like construction."

Nathan Conrad, executive director of the group, is a former spokesman for the Republican Party of Wisconsin. He declined, for now, to say who is behind the effort or providing financial support.

"We don't have an established board or sponsors to announce at this time," he said.

The legislation, which has been in the works for months, would effectively end Wisconsin's moratorium on sulfide mining.

The current law requires that a company seeking to develop a mine must show that another mine in the United States or Canada operated for 10 years and was closed for 10 years without polluting groundwater or surface water.

The language on whether pollution exists is one reason environmental groups and pro-mining groups argue vigorously over water quality conditions near the Flambeau mine. 

Other changes would affect Department of Natural Resources' regulation of wetlands near a mining project, groundwater monitoring, a public review process and a company's financial requirements to pay for long-term problems. 

All would ease restrictions or requirements, but Tiffany said no standards in state law would be changed. 

But Amber Meyer Smith of Clean Wisconsin disagrees. The standards for monitoring groundwater would be weaker, she said. The timelines for state review would be shorter. And financial safeguards after the mine closes would fall short of current requirements. 

"The bill is a huge weakening of oversight over sulfide mining in Wisconsin," she said. 

Mining companies have conducted exploration work in Wisconsin, and one company, Toronto-based Aquila Resources, said Monday that the company had conferred with Tiffany over language in the bill. 

Spokeswoman Robin Quigley said the company's top priority is its Back Forty project in Michigan, across the Menominee River from Wisconsin, that is still under review by Michigan regulators. The project would mine zinc, gold, copper and silver.

The company's proposed Bend project in Wisconsin's Taylor County is a potential copper, gold and silver mine. Its proposed Reef project in Marathon County has known gold deposits. 

"We definitely have those projects that we feel at some point we will be able to spend more time and energy on, especially if the laws are changed," she said.