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Saturday, November 10, 2018

Fight the Frac

Good news from Jackson County (via Frac Sand Sentinel):

For immediate release: Contact Attorney Tim Jacobson, Fitzpatrick, Skemp & Associates, LLC, 608 784-4370, ext. 238,

Wisconsin trial court rules in favor of anticipatory nuisance claims against frac sand mine. Omnitrax calls it quits.

In a written decision issued on Election Day, the Jackson Co. Wis. Circuit Court, Judge Scott Horne of La Crosse presiding, ruled that the anticipatory nuisance claims of a group of private landowners against the proposed OmniTRAX frac sand facility would be allowed to proceed to trial.

In response, OmniTRAX’s lawyer immediately informed the judge that a trial would not be necessary, because in light of the court’s decision, OmniTRAX intends to abandon the project, before the first shovel has broken ground.

The Jackson Co. court’s decision in favor of the landowner plaintiffs in Ripp, et al. v. OmniTRAX follows the August 9 decision of the Wisconsin court of appeals in the case of Krueger, et al. v. AllEnergy, which concluded that Wisconsin law does recognize a claim for “anticipatory nuisance” in situations in which the harm has not yet arisen but is inevitable and certain if a planned course of conduct by a defendant is followed.

The plaintiffs in the case against OmniTRAX are three married couples who own land and live next to the area where the frac sand mine, processing facility and rail load-out facility were proposed to be constructed. They have been seeking to prevent the substantial disruption of their rural quality of life and health from the creation of a neighboring frac sand facility. They alleged in their complaint that the proposed OmniTRAX facility would create nuisance conditions, including, but not limited to toxic air pollution, water pollution, noise pollution, light pollution, ground disruption and vibration due to blasting, destruction of agricultural and forested lands and landscapes and wetlands, adverse impact on endangered species, depletion of groundwater, and loss of property values. They further alleged that siting this mine as contemplated would unreasonably interfere with the rights of these landowners to the quiet and peaceful use and enjoyment of their property rights.


Read more in Chris Hubbuch's Wisconsin State Journal article.

More details at the memorandum decision and order denying motion to dismiss.

Friday, November 09, 2018

Make a Climate Call

From La Crosse Citizens' Climate Lobby:

To amplify the impact of these meetings and help to move Congress a step closer to climate legislation, please use the link below to call your legislators on Friday, November 9th. Its organized to make it very easy to make your calls. If you don't get through, you can leave a message Friday night or call on Monday, Nov. 12th.

Time and again we hear from members of Congress that they don't hear enough from their constituents that climate change matters to them. Calling your Senators and Representative is the first step in building a relationship with your congressional offices and creating the political will needed to address climate change.

Thursday, November 08, 2018

5 pm
Corner of West Avenue & Main Street

Nobody is Above the Law

Donald Trump has installed a crony to oversee the special counsel's Trump-Russia investigation, crossing a red line set to protect the investigation. By replacing Rod Rosenstein with just-named Acting Attorney General Matt Whitaker as special counsel Robert Mueller's boss on the investigation, Trump has undercut the independence of the investigation. Whitaker has publicly outlined strategies to stifle the investigation and cannot be allowed to remain in charge of it. The Nobody Is Above the Law network demands that Whitaker immediately commit not to assume supervision of the investigation. Our hundreds of response events are being launched to demonstrate the public demand for action to correct this injustice. We will update this page as the situation develops.

Donald Trump just crossed a red line, violating the independence of the investigation pursuing criminal charges in the Trump-Russia scandal and cover-up.
Trump putting himself above the law is a threat to our democracy, and we’ve got to get Congress to stop him.
We're mobilizing immediately to demand accountability, because Trump is not above the law.

RSVP to attendIf you choose to attend an event, you agree to engage in nonviolent, peaceful action, to act lawfully, and to strive to de-escalate any potential confrontations with those who may disagree with our values.

I'm getting messages from folks saying the event is listed as being on Friday, but I'm not able to see where it says that. The event is TODAY, Thursday 11/8, @ 5pm at the corner of West Ave & Main Street in La Crosse. 

Please bring signs and wear red!

Also, please note, we are NOT planning to block traffic, just to hold up signs in the high-visibility area to raise awareness. 

Thank you all and hope to see you there!

Saturday, November 03, 2018

Life or death.


Get Out the Vote in La Crosse County!
Set your clock back tonight, grab an extra hour of sleep, wake up refreshed, and head down to the LCDP Office at 115 5th Ave S. in downtown La Crosse or to 1343 Pinecrest Ln in Onalaska for canvassing or phonebanking today, tomorrow, and election day.

Think of it this way: three hours of your time instead of four more years of Walker and Republicans.

Every additional phone call, every additional canvass packet that goes out, every additional contact is so important.

Walk-ins welcome. Send a message to Donald Trump and Scott Walker that Americans are ready for a change. 

And ...