Environmental groups say Minnesota failed to stop polluters, must hold hearings on enforcement

Nitrates that contaminated rural well water, an iron smelter that polluted the air in a south Minneapolis neighborhood, a potato farm that overused a sensitive aquifer — in all of these cases, a group of environmental organizations contend, the state of Minnesota failed in its duty. his to protect the environment.

Now, the coalition of 16 groups is asking lawmakers to hold hearings on the state’s environmental protections and hold state agency heads in Gov. Tim Walz’s administration accountable for several recent episodes. They contend that the four state agencies responsible for protecting the environment — the Minnesota Pollution Control Agency, the Department of Natural Resources, the Department of Health and the Department of Agriculture — have provided too little oversight of the polluters and industries they are supposed to regulate.

Walz would have to call a special session for lawmakers to take action, and he has said he won’t do that this summer. The coalition is specifically asking lawmakers to hold information sessions, however, which would not require the governor’s approval.

“Many organizations and individuals have tried to bring this to the Walz administration’s attention. But they refuse to acknowledge the problem or propose meaningful solutions. It’s time for the Legislature to exercise its oversight authority and hold hearings,” Margaret Levin, director Sierra State Chapter of the North Star Club, said in a press release.

“We are proud of the Minnesota state agencies that are continually working to stop polluters and keep Minnesotans safe,” a Walz spokesman wrote in an email. “The state has a strong history of holding polluters accountable and working with the community and legislature to ensure our health and natural resources are protected.”

In a joint statement, the four agencies at the center of the request wrote that they “share the public’s values ​​about protecting the environment and human health. We are committed to implementing our regulatory authorities and responsibilities in a transparent, efficient and effective manner, in a manner that is objective, science-based, and consistent with statute and rule.”

The agencies’ statement said they accepted an invitation to meet with coalition members in a letter signed by all four commissioners on Jan. 5, but never heard back.

On a newly launched website, environmental groups highlight 12 recent cases where they say regulators failed, involving the state and covering industries from metals processing to agriculture to mining.

In south Minneapolis, neighbors of the Smith Foundry reported for years foul odors and pollution from the foundry and a neighboring asphalt plant. But it wasn’t until a surprise inspection in May 2023 that the Environmental Protection Agency found problems with air filters, broken equipment, poor record keeping and fine black dust that accumulated throughout Smith’s interior and sometimes escaped through doors and windows.

That federal officials brought the case sparked a wave of anger in the East Phillips neighborhood, because of many previous complaints to the state and because Smith was operating under a two-decade-old air pollution permit that the MPCA was still updating. The EPA recently settled its enforcement case with Smith, which will shut down its major operations within the next year.

Another of the group’s top concerns: The decades-long failure to protect drinking water in southeastern Minnesota from nitrate pollution, mostly from fertilizers and manure spread on crop fields.

Minnesota agencies have spent hundreds of millions of dollars and decades of effort to reduce nitrate pollution of drinking water and rivers. Despite numerous programs to encourage farmers to change their ways, fertilizer purchases continue to increase.

Frustrated residents, many with contaminated private wells, demanded that the federal government intervene. In November, the EPA found that the water supply for about 9,200 people in southeastern Minnesota could be contaminated with dangerous levels of nitrates. In a letter to state regulators, the EPA ordered the agencies to immediately notify residents of the danger, provide them with clean water and develop a plan to reduce pollution.

A handful of cases cited were recently cited by agency officials and Walz’s office as inspiration for a change in state law that empowered the MPCA to take stronger action against polluters. The agency can now order an emergency shutdown of a polluting site under a variety of different circumstances, and won $5 million in funding that will fund 22 new positions to enforce clean air rules.

Environmental groups said the cases they highlighted show a pattern of leniency for polluters and regulatory capture by industries in Minnesota.

They pointed to a Star Tribune review of state data that found nearly 800 Minnesota farmers with high-capacity wells pumped 6.5 billion gallons of water more than their permits during the 2021 drought. Fargo, RD Offutt owned or operated farms that were responsible for about 1.5 billion of those gallons. The DNR did not fine any farmers for overuse.

They also pointed to a legislative audit in 2021 that found the Pollution Control Agency repeatedly failed to regulate Water Gremlin, a Twin Cities producer that violated its air permit for more than 15 years and spilled tons of a airborne carcinogen.

Environmental groups also pointed out that federal wildlife officials temporarily withheld $22 million in wildlife habitat from the DNR last year amid concerns that the agency was prioritizing timber sales over wildlife.

“Regulatory capture is a systemic problem,” said state Rep. Rick Hansen, DFL-South St. Louis. Paul, who chairs the House environment committee. “Returning the ship is necessary, but it will take time.”

He could not say whether hearings would be held.

“The value in this effort is highlighting it.” he said. “And acknowledging that it exists. We have work to do.”

Groups that have signed on to the campaign include Generation Climate, Clean Up the River Environment (CURE) East Phillips Neighborhood Institute, Friends of the Boundary Waters, Health Professionals for a Healthy Climate, Izaak Walton League, Minnesota Environmental Justice Table, Minnesota Environmental Partnership, Minnesota Interfaith Power & Light, Minnesota Well Owners Organization, MN350, Pollinator Friendly Alliance, Sierra Club, TakeAction Minnesota, Waadookawaad ​​​​Amikwag (Those Who Help Beaver) and WaterLegacy.