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NRDA critique

NRDA critique

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NRDA critique

(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.

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CONTENT BY: Rebecca Leighton Katers
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