Plan to exempt sand project from DNR requirements collapses in Wisconsin Senate

Lee Bergquist
Milwaukee Journal Sentinel

A plan to grant environmental exemptions for a $70 million sand processing project in western Wisconsin fizzled after the state Senate declined to take up the measure on the last day of floor action. 

Sand mining's latest project in Wisconsin, a processing plant in Monroe County, has become the subject of a lawsuit from environmentalists.

The exemptions, which already passed the Assembly, were written for Meteor Timber, an Atlanta-based company that wants to build a processing plant and rail spur in Monroe County to supply frac sand to the oil industry.

RELATED:Opponents of sand mining project sue Wisconsin DNR over wetlands loss

The project has divided environmental and pro-business groups and is on hold because environmental groups have challenged a key permit to fill about 16 acres of wetlands, including a rare hardwoods swamp.

Meanwhile, the company and its supporters have touted the economic benefits of the investment and a workforce of 100 people. 

The plant would be built near I-94 and would ship sand to Texas and other oil-producing states. 

Frustrated by delays stemming from a challenge of a wetlands permit, the company went to lawmakers to exempt requirements written into the permit by the Department of Natural Resources.

RELATED:Assembly in late-night move tailors language to help controversial Wisconsin sand-mining project

The result: An amendment passed by the Republican-controlled Assembly late on Feb. 22 — the last day members were scheduled to be in session. 

The amendment would allow Meteor to move ahead with filling wetlands at the same time the permit is under review in a contested case proceeding.

An administrative law judge is reviewing environmentalists' challenge, which included testimony from a retired employee of the DNR who worked on the case who said staff were ready to dismiss the project but were directed by higher-ups at the agency to approve it.

On Tuesday, the GOP-controlled Senate declined to take up the exemptions.

In a sign that special treatment for Meteor could be in trouble, the chairman of the Senate Natural Resources and Energy Committee said Feb. 28 that he had no plans to take up the amendment in committee.

Those opposed to helping Meteor said the focus should be on the wetlands loss, especially 13.37 acres of white pine and red maple swamp. The wetland loss would be the largest from any sand operation in the last decade, the DNR has said.

“We are very pleased that this distracting amendment was rejected and that the process will be allowed to continue through the courts where everyone has a voice and all of the details are vetted,” said Amber Meyer Smith of Clean Wisconsin.

Nathan Conrad, communications director for a pro-business group that spoke out on behalf of Meteor, said Meteor had sought help from the Legislature because it felt environmental groups were obstructing the process. 

Conrad of the Natural Resource Development Association said the company had agreed to make many conservation improvements, including protecting more than 1,000 acres; creating habitat for the Karner blue butterfly, an endangered species; upgrading a creek; and reintroducing brook trout.

"Unfortunately, yesterday, due to obstructionist behavior on the part of extremist groups, and misleading testimony at all points of the process, a good corporate citizen may now have to stand by the sideline and watch 300 acres of pristine land be clear-cut in order to placate the political nature of those who bring suits against a great project," Conrad said in a statement.

The owner of the land Meteor would develop has said if the deal falls through, he would log the land to repay a bank loan.

Said Meyer Smith of Clean Wisconsin: "I think it's bizarre to categorize a group as ours, which is exercising our legal rights to question bad decisions by their government, as obstructionist."