How
YOU
Can
Help
Clean The
River
and Bay!
Fox
River Home
Search
Index
to Site
Recent
Additions
Frequent
Questions
Media
Coverage
History
Statistics
Maps
PCB
Chemistry
Human
Health
Wildlife
Health
Economic
Damage
Corporate
Profiles
Compensation
Sediment
Cleanup
Cleanup
Technologies
State
Government
Federal
Government
Local
Government
Native
Nations
International
& Great Lakes
Technical
Assistance
Other
PCB Sites
Links
Photo
Gallery
Political
Cartoons
Message
Board
Guestbook

|
(Written in 2001 by Rebecca Katers in response
to a news reporter's criticism, prior to the recent G-P settlement where
the federal government, under the Bush Administration, abandoned its research
results and leadership role.)
The NRDA takes money away from the cleanup. The cleanup
is more important than compensation.
|
Northeast Wisconsin and Upper Michigan have suffered more than $1 billion
in economic damages from the PCB contamination. The polluters
owe us compensation or restitution for these damages, in addition to cleanup.
This is a normal principle in the U.S. justice system. It’s surprising
that so many conservatives want to abandon victim compensation just because
the perpetrators are powerful corporations. Federal law requires
such polluters to provide both cleanup and compensation; therefore, the
feds are doing the job we pay them to do. The corporations can afford
to share the estimated $400 million to $1.2 billion cost of the cleanup
and compensation plans (see The
Corporations Can Afford It). They have a debt to pay
here. |
The paper companies are essential to our economy here. We need the
jobs.
|
Jobs are not the issue . The corporations can’t escape their
Fox River liabilities by leaving. They have a huge capital and staff
investment along the Fox River, so they might as well continue making money
by operating the local mills. They gain nothing by shutting
down, except to lose their source of income. It’s important to remember
that the U.S. Fish & Wildlife Service will do a financial study of
the 7 corporations to determine their ability to pay before setting the
final dollar amount for the compensation. The federal government
has said many times they have no intention of bankrupting the corporations
or damaging the local economy. (If anything the cleanup and compensation
will boost our economy.)
The corporations are trying to dodge their responsibilities by frightening
workers, the public, and elected officials, but this is pure politics,
not reality. They’ve delayed the cleanup for decades with such
threats. Consider the billions of dollars of interest the corporations
and their shareholders have earned on money they should have provided right
away for cleanup 30 years ago. Delay has been profitable for
them. Meanwhile, the poison has spread far and wide.
They chose to dump their chemical wastes into our valuable public waters.
We must hold them accountable for the full damages, without further delay. |
Why are environmentalists always attacking the DNR on this issue?
|
The state is trying to subvert the law and undercut the public’s right
to compensation. DNR staff have made no secret of the fact
that they oppose the very idea of an NRDA, because they claim it takes
money away from the cleanup. The state is misleading the public by
supposedly pursuing compensation funds, but they’re doing the most minimal
effort possible, while at the same time deliberately undercutting, even
sabotaging, the federal, tribal and Michigan NRDA. In other words,
the state is NOT doing the job we pay them to do. Our taxdollars
are being used against our best interests. Naturally, we’re
angry about this. |
The NRDA confuses the public.
|
The basic issues are not that complicated. It’s the job of the
news media to sort the information and make it clear to the public, but
instead they present a mixture of competing messages without first organizing
and presenting basic facts. Of course it’s confusing then.
The media must give adequate space and time to critically important issues
like this. Cut back on the sports, entertainment and lifestyle coverage
so we can discuss important real life decisions as we should in a democracy. |
All the negative NRDA publicity threatens the cleanup plan due to come
out soon.
|
The public strongly supports an aggressive cleanup plan for the Fox
River. Our 10,672 citizen signatures prove that.
The NRDA dispute won’t change this basic desire. In a democracy,
the public needs all the facts in order to take informed positions on issues.
The public needs to know that the government agencies have not worked well
together and that the DNR is too cozy with the polluters. Skepticism
is healthy at this point, to ensure that everyone scrutinizes the proposed
cleanup plan thoroughly. It would be wrong for everyone to
just rubberstamp the entire plan without thinking.
The NRDA is a separate effort that should stand on its own merits.
Are we supposed to ignore the government corruption that led up to the
$7 million deal? Let them get away with it because of a vague fear
about public confusion? The Northeast Wisconsin news media
needs to do a better job of investigative journalism, with followup articles,
to serve as a deterent to future corruption like this. Whatever
happened to “eternal vigilence?” |
The feds have taken 7 years to complete their NRDA. This
seems incompetent. The feds
have spent more than $5 million on the NRDA. Too much money.
|
Some of this time was spent trying to work with a hostile DNR and hostile
local/state governments. It could have been done more quickly
and cheaply if the state hadn’t thrown up roadblocks every step of the
way. The state created major duplication of effort, which tripped
up the feds many times.
This is one of the biggest NRDA cases in the country, and especially
complicated by the fact that 7 powerful companies are involved. The
feds had to take time to build their legal case --- so they conducted specific
additional research on birds, fish, public attitudes, and shoreland habitat.
Detailed upfront preparation could convince the polluters to settle out
of court quickly, saving litigation time. Detailed preparation
could also speed any trial.
This NRDA case has been greatly complicated by disputes over computer
models, dredging, multiple peer reviews, National Academy of Sciences involvement,
and other delays. Many of these disputes were out of the control
of the federal NRDA planners, but delayed resolution of key parts of the
NRDA documents.
In any case, the NRDA can’t be finished until the cleanup plan is done,
so now the U.S. Fish & Wildlife Service has to sit and wait several
months.
Also, look at the state’s actions. The state has had official
cleanup planning underway for 15 years now, and still produced extremely
poor NRDA documentation, as well as no cleanup plan yet. The
state wasted YEARS on an obviously doomed “voluntary cooperative approach”
with the polluters. In comparison, the feds look speedy.
As to costs, a true NRDA costs big money, but this is recouped from
the polluters at the end of the process. The State of Montana spent
$15 million on the Clark Fork River NRDA and got it all back, plus $120
million in compensation
dollars for the public.
Why aren’t more people angry at the polluters for dragging their feet
every step of the way? This NRDA is much more complex, expensive
and time-consuming because the companies refuse to take full responsibility
for their actions.
Here’s another place where the “cooperative approach” was used, and
DNR helped promote a circumstance where years were wasted while the polluter
was allowed to write their own cleanup plan (which was later rejected.) |
The feds have screwed up the Sheboygan River cleanup plan. The state
objects that the plan is too weak.
|
Our group agrees that the final Sheboygan cleanup plan is grossly inadequate,
but this doesn’t mean EPA will do the same thing on the Fox River.
Our scientific information and preparations here are much more extensive,
and the political situation is very different.
We have never said we will agree with everything the federal government
proposes, only that we appreciate the federal funding and leadership in
getting the ball rolling. Under DNR, we were getting nowhere,
year after year. |
Boat ramps and non-point pollution controls make no sense. The PCB
cleanup is more
important.
|
We agree that recreation and nonpoint should not be the priorities.
Our group has objected to the DNR’s preference for flashy recreational
projects. We’ve also objected to the federal plan’s inclusion
of major funds for non-point pollution control work (but at least
the feds surveyed public opinion before taking their position.)
We believe non-point funding should come from on-going government and landowner
programs, rather than this special one-time fund.
Our group supports NRDA emphasis on protection and restoration of endangered
wildlife and wetland habitats along the Fox River, and the entire shoreline
of Green Bay (into Door County and the Upper Peninsula) whereever rare
habitats are found. We believe both cleanup and restoration
funds should be provided, with equal importance. |
DNR is right to settle low and quickly, to avoid litigation costs.
|
Because of DNR’s betrayal, the federal, tribal and Michigan governments
are more likely to be stuck in litigation and delays because the state’s
settlement undercuts their efforts. (It’s very likely the state settlement
will also end up in court.) |
The federal NRDA and Superfund programs are too slow.
|
Historically this is true. Keep in mind that the Republicans
are openly hostile to both Superfund and NRDAs, and through Reagan and
Bush they controlled the EPA and U.S. Fish & Wildlife Service for 12
years. Is it really surprising that the programs were slow
and inefficient under Reagan and Bush? Under Clinton, the programs
speeded up considerably, but the polluters love to cite statistics from
the early Republican controlled years, to make the agencies look as bad
as possible. |
Show me cases where the government got good results from an NRDA.
|
In the Exxon Valdez case, the feds got nearly $1 billion in NRDA compensation.
In Saginaw Bay, the feds got $30 million, but the land purchases were finessed
so well that they may have gotten much more value. In Montana,
on the Clark Fork River, the state got a net NRDA settlement of $120 million,
for part of their claim, and may continue suing for another $200 million.
Several cases are in the works right now, with varying levels of intensity. |
The state did well to get 10 cents on the dollar. This
is a normal settlement result.
|
The feds settle lower in simple, smaller cases which lack detailed
documentation, because they’re riskier to pursue in court. The Fox River
is not a normal NRDA case. More than $30 million has been spent
on DETAILED ecological, chemical, and economic research which can be used
for preparing a rock solid legal case in court. Our local level
of damage documentation is unprecedented, especially given the Green Bay
Mass Balance Study, the most detailed PCB tracking study in the world.
Because of this documentation, the federal proposal to claim $176 to
$333 million in compensation is a firm proposal, not a pie-in-the-sky figure.
The federal proposal doesn’t aim high with inflated numbers, instead they
set an extremely conservative compensation goal that they could defend
in court. |
The Legislative Audit Bureau’s report doesn’t raise any major concerns.
|
The Audit raised serious concerns about the state’s use of biased industry
consultants, paid directly by Fort James; lack of public hearings; poor
timing; incomplete economic assessments; poor accounting; phony public
comment periods; lack of intergovernmental cooperation; and legal problems. |
Isn’t it a contradiction for environmentalists to call for the Governor
to stop the deal
between the DNR and Fort James? I thought you didn’t want
the Governor interfering in DNR decisions?
|
Since the Republicans allowed the Governor to take over the hiring
and firing of the DNR Secretary in 1995, the DNR has become heavily politicized.
The Fort James deal is just another example of this politicization ---
so we’re simply asking the Governor to repair the damage and reverse this
politicized deal.
It’s ironic that the Republicans wanted the DNR to be part of a Cabinet
form of government, claiming it made DNR more accountable, yet the Republican
Governor is now trying to dodge responsibility for actions of his own Cabinet,
claiming it would be “political interference” for him to get involved.
He shouldn’t be allowed to get away with this nonsense. |
Why hasn’t U.S. Fish & Wildlife Service held any of its public
meetings in Appleton? Why was Appleton the last community on the
public hearing list?
|
Why hasn’t DNR held any meetings or hearings at all? Why doesn’t
their lack of public input bother you? In fact, the Legislative
Audit Bureau says the DNR’s public comment period may be fraudulent because
the Fort James deal is already signed. I had to spend $75 of
my own money for a hearing room in Green Bay to take testimony on DNR’s
actions, because they’re too corrupt to hear comments from the public.
I really don’t appreciate DNR putting me through this.
The Appleton hearing for U.S. Fish & Wildlife Service was scheduled
last simply because that was the date that the meeting room was available
in Appleton relative to the other 4 cities. The Service doesn’t have
any PR staff to make arrangements, so we offered to make all the calls
to get them the dates and locations. So you can blame us.
It’s just a matter of chance that Appleton was last. (I offered
the same organizing service to the DNR and they refused to hold any hearings
--- probably because they can’t defend their actions in public and they
know it.)
When you think about it, the Service was right to hold it’s main hearing
and meetings in Green Bay, because we feel the PCB damages much more acutely
that you do in Appleton. |
You don’t want the federal
government to take over do you?
|
How is this any worse than state control? Our state government
refuses to hold public hearings, ignores our written concerns, insults
local citizens, and signs surprise sweetheart deals with polluting corporations
behind closed doors. In our experience, the federal staff have been
much more open, knowledgeable and professional than the state or local
officials we've been suffering with. |
back
to top |