MCEA
ADVOCACY UPDATE
Winter 2015 | Published by Minnesota Center for Environmental Advocacy
mncenter.org
Combining legal, legislative and scientific expertise to protect Minnesota’s environment
BY ALLISON WOLF, LEGISLATIVE DIRECTOR
Amid the construction dust of the capitol renovation and
the musical offices caused by the change in House leadership, legislators have returned to St. Paul for the 2015
Legislative Session. MCEA’s legislative team will be working
on a number of environmental issues.
Buffers: MCEA supports legislation to strengthen state
requirements for buffer strips, to filter water and provide
habitat. MCEA awaits Governor Dayton’s proposal.
Microbeads: Bills have been introduced to phase out the
use of microbeads and microplastics. These tiny pieces of
plastic enter the wastewater system when consumers use
products containing them, like face scrubs. Microbeads are
not effectively removed by wastewater treatment, and are
appearing in waterways including the Great Lakes.
Groundwater: The newly established Legislative Water
Commission has signaled a particular interest in the new
system of groundwater management areas and the manner
in which state water withdrawal permits are issued. In
addition, legislators have shown an interest in the settlement of a lawsuit between the Department of Natural
Resources and citizens over the state of White Bear Lake’s
water resources.
Fundamental protections: As always, MCEA will oppose
any legislation that will increase environmental degradation
or weaken environmental protections.
Clean Water: The MCEA team will work closely with
legislators on the appropriation of the Clean Water Fund,
and other aspects of the environmental budget.
COALITIONS: MCEA is a member of several coalitions that
are bringing forward legislation.
As part of Clean Air Minnesota, MCEA supports
measures to ensure compliance
with federal air quality rules.
With Move MN, MCEA
supports sustainable funding
sources to maintain and improve
state transportation infrastructure
for all modes of transportation,
including roads, bridges, transit,
and trails to serve bikers and
pedestrians.
MCEA also supports the
agenda of the Clean Energy and
Jobs Coalition, including:
• An increase in the Renewable Energy Standard, to 40%
by 2030;
• An increase in the energy savings required of utilities,
from 1.5% to 2%; and
• A package of measures to encourage rural investments in
renewable energy.
MCEA IS A
MEMBER OF
SEVERAL
COALITIONS
THAT ARE
BRINGING
FORWARD
LEGISLATION.
EFFECTIVE ADVOCACY REQUIRES PERSISTENCE
IS THIS THE YEAR FOR TRANSPORTATION SOLUTIONS?
IN THE COURT ROOM
WHY WE GIVE, DARBY & GERI NELSON
VOLUNTEER OPPORTUNITIES
2
3
4
6
7
EFFECTIVE
ADVOCACY
FOR THE
ENVIRONMENT
REQUIRES
PERSISTENCE
One of MCEA’s core values is its
long-term perspective, its recognition
that major achievements almost
always require patience and a
sustained effort.
This past year, several of MCEA’s
long-term investments paid off.
Minnesota is on its way to setting a price on carbon. We
have new solar standards that are among the strongest
in the nation. Minnesota has adopted new phosphorus
standards for our rivers to take on agricultural water
pollution.
And this year, Minnesota could see greater
protections for wetlands, strengthened renewable
energy and efficiency standards, and more secure
funding for transit. In January, Governor Dayton called
for putting an enforceable 50-foot buffer around our
state’s public waters to reduce pollution and improve
wildlife habitat.
None of these things would be happening without
MCEA’s persistent (some would say stubborn) advocacy
over the years. That’s what your financial support makes
possible. Because of your help, MCEA’s finances are
currently stable and that gives us the ability to make
the multiyear commitments effective advocacy for our
environment requires. Thank you very much.
SCOTT STRAND
EXECUTIVE DIRECTOR
MCEA WELCOMES
NEW STAFF AND
BOARD
INSIDE THE ISSUES
IN THE COURTROOM, AT THE STATE CAPITOL, AND WITH REGULATORY AGENCIES, MCEA ADVANCES
SMART ENVIRONMENTAL POLICY AND ENSURES EXISTING LAWS ARE ENFORCED.
IS THIS THE YEAR FOR TRANSPORTATION SOLUTIONS?
ALEXANDRA DAVID DOUG HEMER
PAIGE STRADLEY
ALEXANDRA DAVID joined the MCEA staff as Legislative
Associate for the 2015 Legislative Session. Alex has extensive
experience at the Legislature, having worked for Winthrop and
Weinstine, the Builders Association, the Innocence Project, the
National Council of Jewish Women and Grasstops, Inc. She
recently completed her law degree and is excited to join the
MCEA legislative team. In addition to her Minnesota legislative
experience, Alex has also worked in the French National
Assembly and spent considerable time in France, where she
was born. Bienvenue, Alex!
NEW BOARD MEMBERS
DOUG HEMER is a retired lawyer and business executive. Prior
to retiring in 2013, he was chief administrative officer for
17 years at Aetrium Incorporated, a publicly held manufacturer
of production equipment for the semiconductor industry. In that
capacity, he was responsible for all of the support functions for
the operations, including legal, finance, investor relations and
human resources. He also served as president of two of the
company’s divisions in 1997-2001 and on the board of directors.
Prior to that, he was a partner at Oppenheimer Wolff &
Donnelly, practicing in business transactional law. He received
his J.D. degree cum laude from Harvard Law School and his
B.A. magna cum laude from Dartmouth College.
PAIGE STRADLEY is a practicing attorney at Merchant & Gould
where she focuses on intellectual property litigation. She
received her J.D. degree magna cum laude from the University
of Minnesota Law School and a B.A. in chemistry and
environmental science from Miami University (Oxford, Ohio).
Paige currently serves on the Executive Committee of the
Federal Bar Association and sits on various committees for
that organization. In her spare time she enjoys tennis, running
and traveling.
BY ANNIE SARVER-BODOH
DEVELOPMENT DIRECTOR
There is a growing recognition that Minnesota has not been
maintaining its existing investments in transportation or making
new investments to meet changing conditions and economic
competition. Leading the charge has been Move MN, a coalition
of more than 200 organizations, businesses, and local officials
that seeks more funding for all modes of transportation in
Minnesota. MCEA HAS PLAYED A KEY ROLE IN MOVE MN,
SERVING ON ITS STEERING COMMITTEE, WORKING WITH
OTHERS AS A LIAISON WITH ELEMENTS OF MINNESOTA’S
BUSINESS COMMUNITY, AND PROVIDING ANALYSIS ON
TRANSPORTATION POLICIES AND FUNDING MECHANISMS.
In 2014, bills based on Move MN’s recommendations stalled
out in the House and Senate transportation committees and did
not make it to the floor in either the Minnesota House or Senate.
However, the Governor and leadership in the House and Senate
stated that transportation would be a priority for them in the next
session. Move MN worked to keep the issue of transportation
in the public’s mind in the run-up to the election. Although the
elections resulted in a shift of control in the Minnesota House, the
new Republican leadership reiterated the priority transportation
will hold in the House.
Is 2015 the year? As the 2015 session started, major bills
were introduced in the House and Senate and the Governor
weighed in with a proposal of his own. Of the three, the Senate
bill most closely corresponds to the principles and recommendations of Move MN. After getting out of the blocks quickly,
all parties have settled into a deliberate pace and are checking
each other out. They all know the strategy is to work out a deal
in conference late in session and have enough kick to finish the
race. You can count on MCEA being there with its shoes laced up
and ready to run.
BY JIM ERKEL
LAND USE AND TRANSPORTATION DIRECTOR
NEW NUTRIENT STANDARDS: UP FOR A CHALLENGE
MPCA adopted numeric standards in rivers and streams for
nutrients (including phosphorus) in the summer of 2014 after
significant technical expert input and advocacy by MCEA, only
to face a flurry of opposition from cities and agricultural groups.
Minnesota waters have experienced excess nutrients
that have caused fish kills on the Mississippi River and grown
algae in some of the state’s iconic rivers. The newly adopted
standards set target nutrient concentrations to protect human
health, recreational opportunities and aquatic life.
City and agricultural groups have filed suit challenging
the standards for not having a solid scientific basis, calling for
additional scientific review. MCEA KNOWS FROM WORKING
WITH ITS EXPERTS THAT THESE ARE THOROUGHLY
RESEARCHED STANDARDS NECESSARY TO PROTECT
THE STATE’S WATERS. MPCA researched the standards for a
decade and collected multiple lines of evidence to support the
standards. The agency also obtained substantial peer review
BY KRIS SIGFORD
WATER QUALITY DIRECTOR
from scientists selected by EPA.
After MPCA adopted the standards, the opposition groups
requested reconsideration of the standards by the MPCA
Citizens’ Board, filed a lawsuit seeking judgment that the
standards are invalid and petitioned MPCA for rulemaking to
undo the standards. MCEA testified before the MPCA Citizens’
Board, which affirmed adoption of the standards, and MCEA
will soon file an amicus brief in the court case supporting the
adoption on behalf of itself and other environmental nonprofits.
Putting the standards into practice will mean listing hundreds of waters as impaired because they have excess algae or
cannot support aquatic life. Individual point source discharges
will receive new permit limits to meet the needs of the water
they discharge into. The state will have clearer goals for needed
agricultural reductions. In time, we will see less algae, healthier
aquatic life and more places to safely fish and swim.
BY MIKE SCHMIDT
WATER QUALITY ASSOCIATE
INSIDE THE ISSUES
INSIDE THE
ISSUES
IN THE COURTROOM, AT THE STATE CAPITOL, AND WITH REGULATORY AGENCIES, MCEA ADVANCES
SMART ENVIRONMENTAL POLICY AND ENSURES EXISTING LAWS ARE ENFORCED.
CONTINUED
IN THE COURTROOM
MCEA’s lawyers are busy using legal tools to defend and protect Minnesota’s natural resources. They have cases pending in
state and federal courts as well as before agency tribunals.
SEEKING MORE REVIEW AND A BETTER ROUTE FOR THE PROPOSED SANDPIPER PIPELINE
MCEA represents the Friends of the Headwaters, a
citizen’s group organized to challenge the proposed
route for Enbridge’s Sandpiper pipeline. The
company’s proposal would send 375,000 barrels
of crude oil daily from North Dakota through
Minnesota’s water-rich, forested northern terrain.
In administrative proceedings, MCEA’S
LAWYERS ARE CHALLENGING WHETHER
ENBRIDGE’S PURPORTED NEED FOR THIS ROUTE
JUSTIFIES PUTTING MINNESOTA’S IMPORTANT
RESOURCES AT RISK. Pipelines leak; spills happen.
Between 1992 and 2011, 2,516,625 million barrels of
petroleum were spilled by pipelines in the United
States; only 40% of that oil was recovered. In 2010,
an Enbridge pipeline spilled over 800,000 gallons of
crude into the Kalamazoo River in Michigan—clean
up continues 5 years later.
In addition to the on-going administrative
proceedings, MCEA launched a court challenge to
force additional review of alternatives to Enbridge’s
proposed route. MCEA alleges that the decision to go
forward with administrative proceedings and make a
final decision on the need for this pipeline without
first conducting a full environmental review violates
the Minnesota Environmental Policy Act.
PROMOTING MORE EFFICIENCY AND
RENEWABLES AND LESS DIRTY COAL AT
XCEL ENERGY
MCEA’s lawyers are engaged on many fronts to help Xcel
and regulators hasten the transition away from dirty, polluting coal plants to cleaner energy resources.
MCEA HAS BEEN PROMOTING, IN XCEL’S RATE
CASE, CHANGES TO THE WAY IN WHICH RATES ARE
COLLECTED—TO ELIMINATE ANY INCENTIVE XCEL
HAS TO SELL MORE ENERGY; and to create a higher
incentive for customers to conserve by having higher-use
customers pay more.
In its recently filed 15-year integrated resource plan,
Xcel proposes to continue to operate its old dirty coal
burning units at Sherco well into the future. MCEA will press
the company and regulators to finally set a date by which
those units will retire and be replaced by cleaner energy.
In addition, MCEA’s lawyers played an important role in
several recent proceedings that will lead to significant
first-step additions of solar to Xcel’s system.
MCEA’s lawyers
continue to confront
pollution problems
from Minnesota’s
taconite industry.
State regulators’ lax
oversight of this
industry is particularly
troubling given that
new proposals, such
as Polymet, will mine
sulfide-bearing metals
and have the potential
for far greater environmental damage.
MCEA brought
a successful legal
challenge to a stateMCEA ATTORNEY KATHRYN HOFFMAN SPEAKS
issued variance that
TO A REPORTER AT THE DULUTH COURTHOUSE.
would have allowed a
taconite facility to discharge in excess of water quality standards indefinitely. Soon after suit was filed, EPA agreed to
rescind its approval of the state-issued variance. Separately,
MCEA CONTINUES TO PRESS STATE REGULATORS TO
HEED CLEAN WATER ACT PROVISIONS intended to prevent
MCEA LAWYERS KEVIN REUTHER AND LEIGH CURRIE JOIN CLIENTS J. DRAKE
HAMILTON (FRESH ENERGY) AND JESSICA TRITSCH (SIERRA CLUB) ON A TOUR OF
XCEL’S SHERCO COAL PLANT.
BY KEVIN REUTHER
LEGAL DIRECTOR
DEMANDING BETTER COMPLIANCE FROM
MINNESOTA’S MINING INDUSTRY
the water pollution currently escaping from the huge
taconite tailings basins that hold iron ore mining waste.
MCEA‘s legal team works in partnership with the Legal
Committee, a standing committee of the board of directors.
The Legal Committee approves MCEA’s participation in
lawsuits, contested case proceedings and administrative or
court appeals (“actions”) on behalf of the board against an
established set of criteria that determine the best use of
time, talent and resources.
VOLUNTEER OPPORTUNITIES
Committees play a vital role in supporting MCEA’s work. Consider sharing time and talent by joining:
WHY WE GIVE
DARBY & GERI NELSON
“WE NEED TO ACT”
For Darby and Geri Nelson, the environment isn’t just
something they experience—it lies at the core of their
convictions. “Good outcomes don’t just happen; we need
to act,” says Darby.
Darby took action in 1982 when he ran for the Minnesota House—and won. “My representative at that time
wouldn’t vote for a green thing, so I decided I could do
better,” says Darby. As a three-term representative, Darby
was part of key environmental protections that improved
water quality, protected natural resources and created the
nation’s toughest Superfund laws. “It was very rewarding
to be part of those accomplishments,” says Darby. “Some
of Minnesota’s best environmental laws were written in
the 70’s through early 80’s.”
Their conviction that action is required led them to
name MCEA in their estate plans and join the White Pine
Legacy Circle. “MCEA has a strong knowledge base and
is a major player in environmental protection—its niche is
critical,” says Geri. “Darby and I are fortunate that we can
share our assets to take action to preserve the environment in Minnesota for our grandchildren. We are grateful
to MCEA. Its work really matters!”
Raised in families who spent summer vacations by
lakes, Darby and Geri met at Itasca Biology Station’s
second summer session. “I saw this cute girl and was
determined to meet her,” says Darby. But Geri had her
eye on him, too. “I realized that if I got to know him, we
could have some incredible adventures together.” The first
date was having a pop in the mess hall. Two years later,
they were married. And in 46 years of marriage, they have
enjoyed many incredible adventures together.
Darby taught environmental science and biology at
Anoka Ramsey Community College for 35 years. “At first,
I thought my role was to simply deliver a curriculum,
but over time I realized I had an obligation to coach and
inspire students, especially those who were the first in
their family to attend college. It was my job to help these
students become successful in life.”
Today a nationally-recognized author and speaker,
Darby feels that Geri has been integral to his success.
“Without her, I couldn’t do this work.” His first book, For
Love of Lakes, focuses on the paradox of our relationships
with lakes: we say we love our lakes yet we not only allow
but participate in their deterioration. After a national
journey of paddling and wading, listening and sniffing,
turning over stones and touching, and visiting lakes large
and small, Darby shares his discoveries.
“PEOPLE NEED TO GET INVOLVED IN STEWARDSHIP.
BEING KNOWLEDGEABLE OR EXPERIENCING THE
ENVIRONMENT ISN’T ENOUGH; WE MUST TAKE
ACTION.”
BY ANNIE SARVER-BODOH, DEVELOPMENT DIRECTOR
BON VOYAGE, BETH GOODPASTER
It is with great regret that we
recently said good-bye to MCEA’s
long-time energy lawyer, Beth
Goodpaster. Beth spent over a
decade toiling on behalf of MCEA
and its energy clients in pursuit of
cleaner, greener energy in
Minnesota. Her unwavering
commitment eventually brought down plans for Minnesota’s
last “new” coal plant, Big Stone II, and set the stage for the
impending retirement of the state’s existing coal fleet.
Beth’s ability to find joy in the arcane, technical details of
energy planning set her apart. Minnesota benefited greatly
from her work, and MCEA will miss her as a valued
colleague. Best wishes to Beth in her next adventure!
LEGALLY GREEN STEERING COMMITTEE
Develops program, helps with logistics,
supports ticket and table sales, and
pursues sponsorship opportunities for
MCEA’s flagship event in October 2015.
Volunteers play a vital role in making this
event memorable. Time commitment is
limited and committee meetings are held
monthly. To learn more about Legally
Green, contact Annie Sarver-Bodoh at
[email protected]
COMMUNICATIONS COMMITTEE
Develops communication plans for
programs, gives feedback on printed and
electronic communications, and helps
build relationships with media outlets.
Skills desired: experience in public
relations, marketing, or media, solid
writing skills, and willingness to develop
plans and tactics. To learn more about
the communications committee, contact
Kiley Bastian at [email protected].
MILLENNIAL ENGAGEMENT COMMITTEE
Aims to engage millennials and young
adults in MCEA’s mission through social
media efforts, volunteer opportunities,
and special events. Skills desired:
experience in outreach, volunteer
management, event planning, marketing,
or social media. To learn more about the
millennial engagement committee,
contact Kiley Bastian at kbastian@
mncenter.org.
DEVELOPMENT COMMITTEE
Approves annual development business
plan, participates in sourcing activities
that grow unrestricted giving, and
supports leadership of MCEA’s special
events. Skills desired: experience with
SAVE THE DATE
WOMEN’S
BREAKFAST
THE INVISIBLE
TRUTH ABOUT
MINNESOTA’S
GROUNDWATER
creating business plans, development or
special event experience, connections to
philanthropic sources. To learn more
about the Development Committee,
contact Annie Sarver-Bodoh at asarver@
mncenter.org.
NOMINATING & GOVERNANCE
COMMITTEE
Supports sourcing activities, reviews
nominees, and provides feedback on
recruitment strategies to address MCEA’s
board needs. Skills desired: connections
to corporations, academia, nonprofit or
philanthropic sources, willingness to
provide feedback on recommended
candidates, and maintain confidentiality.
To learn more about the Nominating and
Governance Committee, contact Karen
Moss at [email protected].
WEDNESDAY, APRIL 30, 2015
PANEL FEATURING:
DEB SWACKHAMMER
PANEL MODERATOR
PROFESSOR, SCIENCE TECHNOLOGY &
ENVIRONMENTAL POLICY AND ENVIRONMENTAL
HEALTH SCIENCES, UMN
KRIS SIGFORD WATER QUALITY PROGRAM DIRECTOR, MCEA
MELINDA ERICKSON HYDROLOGIST & GROUNDWATER
SPECIALIST, UMN
REBECCA FLOOD ASSISTANT COMMISSIONER, WATER POLICY, MPCA
PEGGY KNAPP DIRECTOR OF PROGRAMS, FRESHWATER SOCIETY
AMHERST H. WILDER FOUNDATION
451 LEXINGTON PARKWAY NORTH, SAINT PAUL, MN
NETWORKING AND BREAKFAST BEGINS AT 7:30 AM
PROGRAM BEGINS AT 8:00 AM
VISIT MNCENTER.ORG FOR UPCOMING DETAILS OR
GET TICKETS AT WB2015.BROWNPAPERTICKETS.COM
MCEA BOARD
OF DIRECTORS
JOHN HELLAND, Chair
Retired, writer/historian
ALAN THOMETZ, Vice Chair & Treasurer
CEO, Kacet LLC
Non-Profit Org.
U.S. Postage
MINNESOTA CENTER FOR
ENVIRONMENTAL ADVOCACY
PAID
26 E. Exchange Street, Suite 206
St. Paul, MN 55101-1667
Twin Cities, MN
Permit No. 7779
mncenter.org
SARA THURIN ROLLIN, Secretary
Director of External Communications,
Public Relations, Allianz Life
LAWRENCE DEWITT DOWNING
Retired Litigation Attorney,
Former National President of the
Sierra Club, Former Trustee of the
John Muir Trust
DOUG HEMER
Retired, attorney/business executive
Facebook.com/MCEA1974
Twitter.com/MCEA1974
ELLEN HERMAN
President and CEO,
EB Herman Cos., Herman Appraisal
Services, Inc., Herman Agency
STEVE KINSELLA
Principal,
Kinsale Communications, Inc.
ALEXANDRA KLASS
Professor of Law, University of
Minnesota Law School
MEHMET K. KONAR-STEENBERG
Associate Dean for Faculty and
Briggs & Morgan/Xcel Energy Chair
in Energy and the Environment,
William Mitchell College of Law
JANE KRENTZ
Former Minnesota State Senator,
Regional Coordinator, National Caucus
of Environmental Legislators
FRED MORRIS
Retired Senior Counsel,
Stinson Leonard Street
IRENE M. QUALTERS
Division Director,
National Science Foundation
PETER REICH
Regents Professor, Department of
Forest Resources,
University of Minnesota
PAIGE STRADLEY
Associate Litigation Attorney,
Merchant & Gould
MATHIAS W. SAMUEL
Principal, Fish & Richardson, P.C.
This newsletter is printed on 100%
post-consumer fiber, Process Chlorine Free
(PCF) paper using agri-based inks.
HOW TO GIVE
YOUR SUPPORT IS EXTREMELY IMPORTANT TO US.
WITH DONATIONS FROM CONSCIENTIOUS CITIZENS LIKE YOU,
WE CAN CONTINUE OUR CRITICAL WORK PROTECTING AND
DEFENDING MINNESOTA’S ENVIRONMENT.
MAKE A MEMBERSHIP GIFT
Membership gifts provide a critical source
of revenue for MCEA to continue its work.
Gifts of all sizes are appreciated and qualify
as membership gifts. There are many ways
to give:
By Mail
Mail your contribution to:
MCEA
Attn: Development
26 E. Exchange St., Ste. 206
Saint Paul, MN 55101
By Phone
JACLYN D. SCHROEDER
Chief Development Officer,
Living Well Disability Services
Call 651.287.4870 to process a credit card
transaction over the phone.
ANDREW STEINER
Vice President of Marketing and
Customer Operations,
AmeriPride Services
Visit mncenter.org and click on the
“Donate” button on the home page.
GIFTS OF APPRECIATED STOCK
These gifts typically offer benefit not associated with gifts by check, cash or credit card.
By transferring stock, you can avoid capital
gains tax, yet the charitable deduction will
be based on the full fair market value of the
shares on the date that the gift is made.
GIFT AND ESTATE PLANNING
Leave a legacy to a healthy environment
by making a planned gift to MCEA. These
include gifts such as designating MCEA
as a beneficiary on your life insurance,
naming MCEA as a beneficiary of a trust, or
other planned giving options. Donors who
designate MCEA with a planned gift become
members of the White Pine Legacy Circle.
Online
If you have any questions or need further information on how to make a gift to MCEA,
please contact Annie at [email protected] or call 651.287.4871.