Aug 19, 2013

DNR Holds Mine Hearing Under the Wrong State Statute, Says Atty

Updated - Turns out the rush to work on G-Tec's behalf has the DNR missing things like the rule of law and administrative procedure

The overwhelming opposition expressed by the public at the Wisconsin Department of Natural Resources hearing on August 15 up in Hurley, Wisconsin no doubt fell on deaf ears in the Scott Walker administration.

The mining company calls the shots in the Walker administration, not the Wisconsin public.

The DNR Public Hearing on G-Tac Bulk Sampling and pre-Application Notice drew over 100 people, almost all of whom voiced sentiments that the plans for the mine in Iron and Ashland counties are "crazy."

Now, a well-regarded Iron County attorney is contending the DNR held the hearing under the wrong state statute.

Anthony Stella's analysis is expected to be run in the afternoon on Monday, August 19 at The StellaReport. Stella's piece is now out.

Attorney Stella is all-concerned about that rule of law thing.

Reads Stella's letter is part:

I am writing to inform you that I believe that the DNR proceeded prematurely and without proper notice with regard to the August 15 bulk sampling hearing in Hurley. After studying the new legislation, it seems clear to me that a bulk sampling hearing cannot be held until after the DNR determines which, if any, approvals are required by GTAC. Of course, that process has not been completed yet, as GTAC still hasn’t supplied all necessary information requested as of this date. In the event that no approvals are ultimately required, THEN the DNR may proceed under Section 295.46, giving notice as it did for the August 15 hearing. If approvals are required, however, it must proceed under Section 295.45, and give the specific notices required therein. The DNR has told GTAC that, pending the receipt of more information, certain approvals may be required. ...

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