Environmental groups accuse Gov. Tim Walz over ‘pollutant capture’

Lt. Gov. Peggy Flanagan alluded to the intraparty dispute over the Gaza war when she joked at the DFL convention in Duluth earlier this month: “Y’all, we’re a big tent and it could get really messy. ”

The latest mess under the DFL tent is taking over the environment.

On Monday, People Not Polluters criticized Gov. Tim Walz and his agencies for the so-called “capturing pollutants”, which confirms that industry and agriculture have too much influence on the people who regulate them. While it’s not unusual for environmentalists to express concerns about what the organizations consider friendly regulation of agriculture and industry, it’s certainly finger-pointing at a Democrat who considers himself an environmental ally.

The 16-member coalition, which describes itself as an “informal group of environmental organizations,” posted on its website Monday about a dozen cases across Minnesota alleging that the Walz administration has been lax in its regulations, including slow intervention on air quality issues in street Smith Foundry in Minneapolis, nitrate pollution from agriculture in southern Minnesota, and state approval of the Line 3 crude oil pipeline in northern Minnesota.

The coalition, which includes the Sierra Club North Star Chapter, Take Action Minnesota, the Minnesota Environmental Partnership, Friends of the Boundary Waters Action Network and the Izaak Walton League, said criticism of the Walz administration’s lack of action has been corroborated by third parties. These include federal interventions in state agencies and successful lawsuits.

“This is not just a matter of opinion,” Paula Maccabee, WaterLegacy’s chief advisory officer and general counsel, said in a written statement. “We know state agency takeovers are a serious problem because both Minnesota courts and federal agencies have had to step in when our state agencies failed to follow the law, control toxic pollutants, and protect Minnesota’s health and water quality.”

The coalition pointed to what it sees as a trend for regulatory agencies to help guide projects through the permitting process rather than requiring compliance with environmental laws.

“Regulators in Minnesota appear to believe their primary responsibility is to help companies obtain permits,” the coalition said in a statement. “Agencies rarely, if ever, say no.” “This puts the onus on tribal organizations or governments to take a state agency to court to invalidate a poorly thought-out permit.”

The DFL-controlled legislature receives high marks from the coalition. This does not apply to Walz’s enforcement of bills passed by the House and Senate.

“Many organizations and individuals have tried to bring this to the attention of the Walz administration. However, they do not want to admit the problem or propose sensible solutions. It is time for the Legislature to exercise its oversight powers and hold hearings,” said Margaret Levin, state director of the Sierra Club North Star chapter.

“Gub. Walz didn’t create this problem, but he needs to fix it. Instead, it gets worse during his shift. That’s why the Legislature needs to hold hearings,” said Don Arnosti, a longtime Minnesota environmentalist.

Related | What the Legislature has done to address nitrate contamination in Minnesota’s groundwater

The administration responded to the complaints with a general statement about its position on environmental issues.

“We are proud of Minnesota state agencies who are working tirelessly to stop polluters and keep Minnesotans safe,” Walz press secretary Claire Lancaster said in response to the coalition’s criticism. “The state has a strong track record of holding polluters accountable and working with communities and the Legislature to ensure health and our natural resources are protected.”

Four major environmental agencies published a letter they sent to Arnosti in January offering to meet with environmental groups.

“While we disagree with several of the characterizations in your letter, we recognize and appreciate that these issues are challenging and require the full attention of our agencies to ensure that the environment and human health are protected and improved,” the Commissioner for Environmental Protection said in a Jan. 5 letter. health Brooke Cunningham, Minnesota Pollution Control Agency Commissioner Katrina Kessler, Agriculture Commissioner Thom Petersen and Department of Natural Resources Commissioner Sarah Strommen.

“The work of our state agencies to manage Minnesota’s natural resources, ensure the health of residents, promote sustainable agriculture and protect the environment is complex and challenging,” the four wrote. “We welcome your comments and accept your invitation to meet with representatives of the signatory group in the new year.”

Environmental groups said they met with members of the administration three times earlier this year. Despite this dialogue, environmental groups decided to continue working on the website.

Rep. Rick Hansen, member of South St. Paul, DFL, who chairs the House Environment and Natural Resources Committee, said he agrees that “regulatory capture” is a problem in Minnesota, which he believes is perpetuated by a trend toward advisory committees and stakeholder task forces.

“This is a systemic problem that has been decades in the making,” Hansen said. “One of the things we’ve done in Minnesota is almost institutionalized it by including stakeholders in advisory groups, commissions and the decision-making process.

“That was the Minnesota model that lasted for many years,” Hansen said. Interest groups, which include the environmental community, expect to have an influence on how programs are managed.

“The solution is to remember that we work for society, not for stakeholders,” he said.

Regarding the request for hearings, Hansen said the Legislature doesn’t hold many hearings outside of the legislative session, but it does have an Office of the Legislative Auditor that, at the request of the Legislative Audit Committee, conducts investigations into the programs and agencies that Hansen currently chairs.

“Some of these specific examples that were used, such as the water gremlin, we asked the auditor to review,” he said. “It is a tool that the Legislature has.”

In the Water Gremlin case, the auditor found significant deficiencies in the MPCA’s permitting and enforcement activities.

In the meantime, he hopes voters will ask candidates this summer and fall about the influence of interest groups on environmental regulation.

This session, the Minnesota Pollution Control Agency asked and received new powers from the Legislature that would allow it to be more aggressive in targeting polluters. The change lowers the legal threshold at which the agency can require emergency closures of polluting businesses. But the law does not require the agency to act, but only allows it to intervene.

Walz will not be on the ballot this November, but as chairman of the Democratic Governors Association, he plays a significant role in national presidential politics. He often describes himself as an ecologist and environmental champion. This year, on the occasion of Earth Day, he posted a video in which he praised his actions to fight climate change.

“I ran for governor with a promise to take bold and decisive action to combat climate change,” he says in the video. “Together, we are positioning our state as a national leader on climate solutions and making Minnesota a great place to live, work and raise a family for future generations.”

Related | Plastic pollution lawsuits, like Minnesota’s Hefty bag case, fall as frustrated citizens and states demand accountability

Most of his public statements are about climate change, not air and water pollution, such as the clean car rule and green energy jobs.

“The idea that we can create a clean energy future where we can protect our water, protect our land, and do it in a way that grows the economy in Minnesota,” Walz said after the 2023 session, which passed legislation with 40 different changes in environmental protection law.

Another law this session required an assessment of the “cumulative effects” of environmental degradation in so-called environmental justice areas. These are areas of the state where pollution disproportionately threatens communities of color. But even this law was narrowed after complaints from some entrepreneurs, trade unions and local governments.

Mining compromise at the DFL convention

The state DFL convention also brought to light environmental and jobs tensions over an age-old topic: mining. In this case, however, the platform’s compromise statement satisfied both environmental organizations and trade unions.

The “Prove First” movement wants a moratorium on copper and nickel mining until its impact on the environment, especially water, is proven. The Labor Party opposes this idea and argues that mining can be carried out safely and that the minerals are needed for climate change technology.

Related | How well did the DFL and GOP do at keeping the boredom at this year’s conventions? Not great.

The group proposed a DFL resolution stating that the party “supports the Minnesota Legislature holding hearings on proposed Prove It First legislation and supports suspending all permits for copper-nickel sulfide mines in Minnesota until it is first proven that such mines can be extracted operated safely in our water-rich environment and did not violate state, federal and tribal water quality standards. The measure follows DFL legislative leaders’ rejection of such hearings last session.

Labor leaders, led by the Workers’ International Union (LIUNA), said they would support the measure if the words “Prove it first” in the proposed legislation were removed. That was the case and the resolution was easily adopted.

Related