Republican State Sen. Tom Tiffany's gift to out-of-state Mining Companies; the Legal Right to Pollute.

Are you okay with the right of mining companies to pollute the environment, if it’s legal?

Wisconsin Republicans are.

Does legal pollution soften the blow of tainted well water, well depletion, the presence of cancer causing particles in the air, excessive noise levels or the reduced ability to sell your home?

Wisconsin Republicans are.

Just like the law that allows cellphone companies to construct towers anywhere they want, like next to a high school in Sauk Prairie or an elementary school in Waukesha, the legal ability to adversely affect your property, neighborhood, town or city is a legacy Republican representatives are happy to pass along to Wisconsinites, liberal or conservative.

It’s a legal gotcha for the victims of the mining industry. And for conservative voters statewide, I hope you thank them next time in 2014:

Cap Times-Jessica VanEgeren: (Over the) emotional debate over iron mining in northern Wisconsin, proponents have continued to insist that a bill to streamline permitting for such mines will not harm the environment.

But … on Thursday … Sen. Tom Tiffany acknowledged that changes were made to the legislation to put the state on stronger legal ground to withstand such a challenge.

“The bill reflects the reality of mining. There are going to be some impacts to the environment above the iron ore body. If the law is challenged and ends up in court, the judge needs to know it was the Legislature’s intent to allow adverse (environmental) impacts. That way, a judge can’t find fault if the environment is impacted.”

I've blogged about this legal workaround before, but Tiffany managed to simplify the argument for me: 

Tiffany made the admission after being asked … how Republicans could continue to claim the mining bill doesn't risk environmental harm when: It specifically changes the wording of existing state permitting law from “significant adverse affects (to wetlands) are presumed to be unnecessary” to “significant adverse affects are presumed to be necessary.”

Tiffany: “Changing the word 'unnecessary' to 'necessary' lets the judge know it was the Legislature’s intent that there will be some adverse impacts.”

Just think of how surprised some wealthy Republican property owners going feel when they finds out their small government representative took their rights away? The one thing I know about our phony "constitutional conservative" low information voter is that property rights are right at the top of their hot button list: 

In a legal context, the wording change proves lawmakers knowingly passed a bill that they accepted would cause some harm to the environment, Tiffany adds, making it more difficult for a lawsuit to be successful on the grounds that a mining permit caused harm to the environment.

So tricks and semantic word play is a responsible way to oversee the environmental effects of mining? You would think those with lakefront cabins, McMansion-like second homes, would be concerned about their investment and local water quality if just for resale value alone. Or the tourism dollars that keeps their property taxes just a little bit lower. Guess not.

See how Republicans can easily mislead on pollution, and remember their names:

“It’s clear that people voting against this bill are more interested in hurting our economy than protecting the environment,” read a portion of a statement from Sen. Alberta Darling, R-River Hills.

Senate Majority Leader Scott Fitzgerald said: "Today, after nearly two years of public debate, Senate Republicans passed a bill that opens the door for thousands of jobs while protecting our natural resources."

And Sen. Robert Cowles, R-Green Bay, a lawmaker known for environmental stewardship, said: "I continue to believe we can make regulatory improvements to encourage job growth while still preserving our precious environmental resources."

Ryan, Sensenbrenner, Petri, Duffy and Ribble vote to dump environmental rules and limit lawsuits to mine anything and everything in West, even sell to economic sanctioned Iran.

Heaven help us if you don’t see any problem with the following mind bending proposal for a mining industry free-for-all. WSJ:

FAST-TRACK MINING PERMITS: Voting 246 for and 178 against, the House on Wednesday passed a bill (HR 761) to ease environmental rules and limit lawsuits in order to quicken agency reviews of applications to mine critical and non-critical minerals on federal lands in the West … the bill would also speed action on permits for sand and gravel mining. The bill would designate mining activities as “infrastructure projects” to make them eligible for fast-tracked government reviews.

A yes vote was to pass the bill. Voting yes: Ryan, Sensenbrenner, Petri, Duffy, Ribble.

It wouldn't be a successful natural resources "liquidation sale" without opening up the market to our enemies:

MINERAL EXPORTS TO CHINA, IRAN: Voting 197 for and 229 against, the House on Wednesday defeated a Democratic bid to prohibit strategic and critical minerals mined as a result of HR 761 (above) from being exported to China, Iran or any country that has violated U.S. economic sanctions against Iran.

A yes vote backed the Democratic motion. Voting no: Ryan, Sensenbrenner, Petri, Duffy, Ribble.

And here I thought they wanted to go to war with Iran.

Scott Walker's Facade of Job Creation biggest Con Yet.

Even though Republicans spent lots of legislative time loosening environmental regulations to appease Gogebic Taconite, under the guise of job creation, at least one business magazine is now quietly admitting..."jobs, what jobs?"

Milwaukee BizTimes, reporter Steve Jagler says it may be years before any Wisconsin jobs are created by the proposed iron ore mine in northwestern Wisconsin simply because there is a glut of iron on the market and as a result the industry is at a virtual standstill.  Approving the mine may have been a priority for this Legislature, but there will be along wait ahead. 

Our current iron glut did get a few mentions during the mining debate, but conveniently got lost along the way. 

What we're seeing in real time is disaster capitalism. Republicans took immediate advantage of the Great Recession, something they created, and falsely promised thousands of new mining jobs. Well, we now have lax mining regulations, but no jobs in sight...for years. This is all an effort to hide Walker's failures. The jobs truth?

Cap Times-Jack Craver: Marquette University Law School pollster Charles Franklin further identified a fact that both Democrats and Republicans are uncomfortable confronting, but which, at the very least, is no help to Walker: Slightly more jobs were created in the last year of Gov. Jim Doyle's administration than in any year of the Walker administration. But only a few more.

Another Walker priority that in reality, wasn't:

The slowdown is taking a toll on Milwaukee-based Joy Global Inc., which manufactures mining equipment. In the company’s most recent quarterly report, Joy Global CEO Mike Sutherlin said prices for industrial metals and bulk commodities have declined by 20 to 40 percent over the last 18 months. Lower pricing is making higher-cost mines uneconomical and will result in closures that will rebalance the market, Sutherlin said. “For the first time in over a decade, global capacity has caught up with demand and most mine commodities are in surplus.”

The slowdown caused Joy Global’s quarterly orders to slide 36 percent from the same period a year ago. The global commodity glut also is taking a similar toll on Caterpillar Global Mining & Equipment, which laid off about 260 employees at its South Milwaukee production plant in June and announced two one-week furloughs for nearly all employees at the plant.

Gogebic Taconite LLC + Walker Government = Fascist State!!

What we’re seeing now, Gogebic Taconite getting everything it wants from the Walker administration and his pathetic legislative corporate goons, is the very definition of fascism. Here's a challenge to all those “Stand with Walker” zombies; tell me why it isn't fascism. Crickets!!!?

No License to carry...oops!

And just a thought, if what makes ObamaCare illegitimate is that it didn't get one Republican vote, then what makes Walker’s strictly partisan legislative victories so legitimate? It doesn't does it? Same rules apply fellas.

Gogebic wrote the mining legislation that passed into law. They are now getting a pass on state laws that apply to everyone else about taxes. I’m sure we can assume this preferential treatment will be extended to other Republican favored industries. This is creeping fascism.

We’re there already, and it only took three years:   

jsonline: Aggressive protesters and the rest of the public could be kept off a proposed iron mine site in northern Wisconsin while the landowners there maintain most of their current property tax break, under a bill advanced by a Senate committee Thursday. Republicans passed the proposal on a party line 3-2 vote after voting down a Democratic amendment that would have placed limits, close off land up to 300 feet from its operations taking rock samples, and still qualify for a tax decrease.

Fascism wins:

The fast-moving bill calls for an exemption in the state's managed forest land law, which provides property tax relief for landowners in exchange for managing the land for forestry and allowing the public to hunt, fish and hike on it. The bill would allow Gogebic to close that land and prevent public access until state officials decide on a possible mining permit for the site. Sen. John Lehman (D-Racine) said the GOP bill was "overkill" because it would allow the company to unilaterally close 3,500 acres. Lehman said the bill was focused on just one interest group, the mining company, and ignored the rest of the public. "We are out of balance with this bill," Lehman said. "We're starting from the wrong place."
Can the Republicans take a little constructive criticism? Are you kidding:

Sen. Bob Jauch (D-Poplar) drew indignation from Republicans when he described the bill as "slop" that showed "contempt" for the public. Jauch said the bill would save the company a large sum of extra property taxes on the closed land that would otherwise go to local schools and governments.

Are protesters who shout dozens of obscenities really a threat? Of course not, but the Gogebic spin was all Republicans needed to put the hammer down and suppress protesters. At a hearing the senators watched a video of a June incident in which protesters are shown yelling dozens of obscenities and some threats at Gogebic workers on the site. During the incident, one protester took a camera from a worker and was later charged with a felony.

The traumatized panel's chairman, Sen. Tom Tiffany (R-Hazelhurst), collapsed under the pressure of a few dozen protesters. Such courage and leadership is admired on the right:

"We would be fools not to act on the statements of those violent protesters who said, 'We will be back,'" Tiffany said.

Bring on the Paramilitary Armed Guards!!!! Laws don’t apply to Walker Cronies, Business interests, and Lobbyists.

This amazing response to law breaking in Wisconsin not only sets a dangerous precedent, but proves there are two sets of laws, one for citizens and one for big business interests. Walker didn't even make it seem liked they gave a crap.

Gun laws? Not for Business

jsonline-Patrick Marley: Armed security guards who were abruptly pulled from a proposed mine site in northern Wisconsin last month are now licensed.

Bulletproof Securities was briefly protecting the site, but pulled back when it became clear last month the Arizona firm had not received a license to operate in Wisconsin.
Also, the state has dismissed complaints against the security firm for operating without a license, said a statement from the department spokeswoman, Brittany Lewin. Under state law, providing security without a license can be punished with a fine of not less than $100 nor more than $500 and three to six months of incarceration. In addition, the Department of Safety can bar a firm from providing security services in the state for one year for failing to comply with the law.

How can a paramilitary armed group operate without a license until someone brought it to the medias attention, and not suffer the consequences? We are talking about assault weapons and camo clad troops brought in to fight protesting Wisconsinites.

The department closed out complaints against the firm for such a violation, according to Lewin's announcement Monday. Her announcement did not explain the department's rationale but said officials there had followed normal procedures.

Protesters get Death Threats....who's the Terrorists Now?

Pro-mining thugs are so funny.

Hey, those death threats we handed out...just an obvious joke. Heck, no knuckle dragging concealed carry loser would ever take something like that seriously, especially after the not guilty verdict for the murder of Trayvon Martin. And here it comes, another laughable name from the minds of our twisted conservative Cretans:

WKOW's Greg Nuemann: A Facebook group called Wisconsinites For Safe Mining says it has initiated a "shoot on sight" order against four female mining opponents, at least three of whom are now calling for a criminal investigation. Lisa Wells says she is being targeted with similar threatening behavior from the other side.  Wells' name appeared on a list of mining opponents with three other women on Facebook last week.

A man named Terry Dipper listed them on the Wisconsin Reporter's Facebook page … In response to Dipper's post, Wisconsinites For Safe Mining wrote: "We have initiated a shoot on site order for the malcontents you have listed.  Trespassing on a mining site = genocide."

She and at least two of the other women, Roberta Retram and Barbara With, are now asking their local law enforcement agencies to investigate the matter criminally. "If you threaten to kill someone, that is a crime - that is malicious. It’s horrible. It’s scary," said Wells.

I’ve never been able to understand conservative humor, because it’s normally just mean spirited, bigoted, racist and stupid:

27 News exchanged Facebook messages with someone from Wisconsinites For Safe Mining on Monday about the comment, who insisted it was obvious satire.  They even sent a link to a Wikipedia entry explaining what satire is. 

But Wells and the other women aren't laughing. "Its not a joke when you're threatening someone's life and you're putting a target on their head," said Wells.

Hey Democrats, We're all Terrorist Now...

Gee, remember when Scott Walker and the Republican majority called the massive protests in Madison mob rule, not to mention union thuggery. They even made wild claims about Capitol vandalism? These lies worked wonders then, so why not now, but kicking it up a notch about the mining site.

Protesters are Terrorists: Conservatives don’t care about protesting because they have forced change through corrupting the political process with lots of money. Right now, their marketing efforts are focused on vilifying protesters as terrorists. From now until Walker’s reelection, the people of our state will need to be protected liberal terrorists.

Here's Rep. Scott Suder on Capitol City Sunday spreading rampant right wing rumors, speculating where the terrorism might go, and fabricating complete nonsense. He claims there's a terrorist camp training protesters...Ashland City Council member Kelly Westlund corrects Suder constantly. Westlund's edited comments are below as well, but here, I'm focusing on Suder's lunacy:

Walker Chimes right in: Democrats, liberals and progressives are all now considered outsiders, and have “no place in Wisconsin.” A small group of loud protesters at the iron mine site are getting pummeled in the media. That fact alone is stunning. But Scott Walker made it clear, protesting (extremists) in Wisconsin will not be tolerated:

Green Bay Gazette: Gov. Scott Walker says activities of protesters at the site of proposed iron ore mine near Lake Superior “has no place in Wisconsin.” Walker did not comment on the guards in his written statement. Walker decried protesters at the site as “extremists” who “should be prosecuted to the fullest extent of the law.” It’s the protesters, not the camo dressed soldiers of fortune we should fear.

The old Fox News ploy “people say” gets the Walker treatment:

WRN: Governor Scott Walker (said), “I haven’t said this; others have called them ‘eco-terrorists’, but I think it’s not too far removed from that. These are people who came in and their intent was to cause fear. The irony is, the angst seems to be focused at the company and not at the people who came in masked like ninjas on personal property violating the law by trespassing in a place they have no right of being and physically accosting people … I can certainly understand the concern that a private business would have when you see the video of their employees not only being verbally abused, but in one case being physically attacked. There’s no place for that in the state of Wisconsin.”

The verbally abused need paramilitary protection? Not to mention the continued claim the constitution protects property. Death to those who damage property I guess. Here's Ashland City Council member Kelly Westlund's great response to Suder. Must see:

Wisconsin's Turning Point: Walker and Republicans market Idea Protesters are Terrorists, media buying into it.

It's odd how a small protest in northern Wisconsin has been met with such a major assault by state Republicans and media lackeys.

I'm working on video clips that show the strong push by state Republicans to tap down free speech and the First Amendment by redefining it as terrorism. This only applies of course to their political opposition, and not conservative armed civilians or paramilitary security groups willing to kill people to protect "freedom" and "property." Through "stand your ground" laws, we have made the destruction of property (usually covered by insurance) a penalty punishable by death.

Call it a turbulent 60's do-over, a conservative quest to right the wrongs of history's social upheaval that brought so much progress and change.

More to come....just be aware the message from the right wing is all about our left wing home grown "terrorists," and that would basically be your neighbor or friend, who just might oppose the "Walker Authority."

That's what I've been describing as a statewide movement to one party authoritarian rule, an amazing phenomenon the public appears to be willing to settle for if Walker's public opinion numbers are any indication.  

Mining coverage gives Illegal Armed Security Benefit of the Doubt. Just Another day under the Walker Authority.

I'm still out of town, but have to at least pass along this mining coverage from WKOW/WISC, before it's completely irrelevant. More than anything, I was amazed at WMC's spin on the protesters. If this small loud group is a threat, I say show em what a real threat looks? Anyone for open carry? Let's show them how our Second Amendment freedoms have morphed in the state. Not quite liberal enough?

The fact that the media is treating this so casually is the biggest surprise.

According to Iron County Chair and Hurley Mayor, we’re now all just terrorists if we resist, protest!!

In a side note on one of the most unsettling business responses to angry citizens, paramilitary armed soldiers of fortune, was this comment by Iron County Board Chairman and Hurley Mayor Joe Pinardi:

jsonline: The well-armed security guards are warranted in the light of the protesters, whom he called "nothing more than a small group of terrorists. By these (security) people being present out there, they are hoping that any person out there causing a disturbance will leave," said Pinardi.

Mayor Pinardi?

Or be shot dead. That’s freedom and liberty for...business.

Sen. Bob Jauch (D-Poplar) said, “It is not the security. They can't justify this militarized security."
   Bob Seitz, a spokesman for Gogebic, gave no sign of dropping Bulletproof, saying the company had done a "great job" and been "nothing but professional." "No one on our side has aggressively acted against any protesters at any time," Seitz said. Seitz said the guards would use force only if Gogebic employees are attacked and not to protect property.

How satisfying is that? 

Gogebic Taconite says paramilitary guards will stay. Get used to it folks, business is flexing their muscle (with guns) now...

Personally, I think this is a national story. These are the early warning signs that something is very wrong in this country, and about to get much worse. Did you ever expect to see a mercenary group of armed guards dressed in camo, wearing assault rifles, prepared to do harm to citizens?

The fact that G-Tac believes so strongly these threatening paramilitary soldiers are part of their 21st century business climate is just amazing. This will be copied and will become the norm, unless voters crack down on their politicians now. But I believe those same politicians, Walker and legislative Republicans, gave these guys a false sense of power and influence that turned mighty ugly.

Hopefully this story will go national, and shock voters enough to see where we’re headed. 

We’re now in a country where business has taken up arms against citizens.  

A company spokesperson says they're simply trying to protect themselves from the types of protesters that vandalized the mine site on June 11th. Gogebic Taconite Spokesperson Bob Seitz:  "They destroyed our equipment, attacked our people personally and threatened them with further attacks." But Gogebic Taconite has no intention of removing the guards. "We have a responsibility to our employees to keep a safe work site and you know, I'd be more worried about the fact that a Wisconsin workplace could be attacked by masked people destroying their equipment and attacking their people," said Seitz.

Here’s WKOW’s Greg Neumann’s coverage:

G-Tac message to Wisconsinites; We'll shoot you.

The odd thing about this story; both the mining company and security company had absolutely no response. Big surprise from two out-of-state companies with nothing to lose.

For me this is the next step in what I fear is the bizarre and threatening business take over our state. Heck, country. And it won’t be long before this armed solution spreads out from the north woods.

I have to admit, I’m still a little taken aback by this militaristic response. This can't be happening. From WISC Channel3000:

WSJ: Two members of the Wisconsin Legislature are asking Gogebic Taconite to remove masked security guards who are toting semi-automatic rifles and wearing camouflaged uniforms at the mining company's site in Northern Wisconsin.

Sen. Bob Jauch, D-Poplar, said the guards are from Bulletproof Securities, an Arizona company that boasts a "no compromises security force.""I'm appalled. There is no evidence to justify their presence," Jauch said … he was especially concerned that the guards are carrying high-powered rifles more appropriate for fighting wars than for guarding construction equipment in a scenic forest that draws scores of hikers and vacationers in addition to mine protesters. Do they have the authority to use those weapons? If so, on who?" Jauch said.

Gogebic Taconite spokesman Bob Seitz didn't return phone calls. Bulletproof Securities officials in Scottsdale, Ariz., couldn't be reached for comment. 

You've heard stories of vandalism, yet only one person has been charged with taking a camera:

Protests have been peaceful, said Iron County Sheriff Tony Furyk.

My gut tells me G-Tac was encouraged by our fine Republican legislators to do what it took, especially after they did their job in defiance of Wisconsinites everywhere. Hey folks, like the new direction?:

The company's website says "Complacency is no longer an option when a breach can result in excessive amounts of lost time, money and additional liability for your firm."

Paul DeMain, editor of the Hayward-based News from Indian County, said local residents aren't happy. “Some of the local people are wondering, what the heck? It’s come to a sad situation when you've got to have a machine gun to protect a business that people around here don’t want,” said DeMain, an opponent of the mine who posted video online of a guard and a semi-automatic rifle on the seat of a truck at a drilling site. Kimberlee Wright, executive director of Midwest Environmental Advocates in Madison, said “It’s pretty scary. We don’t want anyone to shoot anybody.”

Here's the letter sent by our state lawmakers (Democrats of course. Republicans see this as another way of governing):

Iron Mine Guards next Step in Corporate Takeover of State Resources.

Check out what business is doing now as it takes power under Scott Walker. There comes a time when we're all just in the way....from Blue Cheddar:

Uniformity, Certainty, Predictability and Job Creation, Mining Industry wants to take away your land and health!!!

Remember when mining interests and the Walker Republican authority presented us with this reason for passing their industry written legislation: “provide certainty and predictability that encourages investment and job creation.”

That’s the catchall phrase for just about all deregulation now. On the subject of mining, check out the most jaw dropping law yet passed by Pennsylvania Republicans in February that basically handed the energy industry complete control over that states local communities:

CNN: A Pennsylvania court has struck down a controversial provision of a state law that stopped municipalities from controlling where natural gas companies could drill. The ruling restores the oversight municipalities had prior to Act 13, allowing them to regulate where natural gas drilling is permitted.

Act 13 "was a complete overreach," said attorney Jordan Yaeger … The municipalities involved sit above the Marcellus Shale, one of the largest natural gas deposits in the nation. Accessing the natural gas involves "fracking." "It keeps Pennsylvania from becoming a free-for-all," he said. 

What excuses were offered up by mining interests and the energy industry? This may sound familiar for those familiar with our own problematic state mining bill: 

Natural gas industry officials and advocates of drilling in the Marcellus Shale are in favor of the law because they want uniformity in rules governing where they can drill. "The premise for the General Assembly's action earlier this year was to provide certainty and predictability that encourages investment and job creation across the commonwealth," Marcellus Shale Coalition President Kathryn Klaber said in a prepared statement. 

Russian roulette with drinking water:

Despite finding hazardous substances, specifically arsenic, barium or manganese in well water at five homes at levels that could present a health concern, the EPA determined that the levels of contaminants present would not require additional action by the agency.

For freedom loving, free market voting Americans, you can always move somewhere else. 

Wood County votes to spend my money on their road repairs, not the frac haulers.

Hey Folks, Wood County wants me, a Dane County resident, to help pay for their frac sand mining road repairs. I say, go to hell. I guess this where industry can now insist it doesn’t even have to take responsibility for the public roads to and from their mine?  You got it! Marshfield News Herald:

Wood County officials are commended for taking a positive stance on frac sand hauling. At Tuesday's County Board meeting, supervisors voted 17 to 2 to approve a resolution to ask the state for assistance to improve local roads to withstand the weight of trucks hauling frac sand.

The approach is the right one for county leaders to take, and the tone is positive. Previous … Wood County Highway Commissioner Doug Passineau has been working with frac sand haulers to get commitments to repair any damage done by hauling.

It's more a heads up to the state that counties like ours will need some help to improve roads for this new industry … Perhaps the state can help by freeing up some road funds for these projects.

No wonder industry thinks they can do anything they want, because they can. But they can't spend my money for their servitude to industry and their own bad business behavior.