By Shereen Siewert

The grassroots environmental advocacy group Citizens for a Clean Wausau is one of several organizations that will intervene in a lawsuit initiated by Wisconsin Manufacturers and Commerce that seeks to eliminate PFAS regulation.

The lawsuit was filed in February in Waukesha County Circuit Court by the WMC against the Wisconsin Department of Natural Resources and the Wisconsin Natural Resources Board. Leather Rich, Inc., an Oconomowoc-based dry cleaning company, is also a plaintiff in the suit. WMC is Wisconsin’s manufacturers’ association and statewide chamber of commerce.

Tony Wilkin Gibart, of Midwest Environmental Advocates, said the lawsuit would “seriously undermine” the DNR’s ability to protect the public from many environmental hazards in addition to PFAS, due in part to the broad language in the lawsuit that could upend the state’s Spill Law.

The Spill Law requires anyone who causes, possesses or controls a hazardous substance that was discharged into the environment to take action to restore the affected air, land and waters, according to the DNR. Immediate reporting to the DNR is required, and the law applies equally to a recent spill or to old contamination newly discovered. Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are among those substances.

But in court documents, the WMC and LRI allege that the DNR’s policy of regulating what they refer to as “emerging contaminants,” including PFAS, is unlawful and unenforceable. The plaintiffs are asking a judge to force the agency to stop regulating PFAS and other emerging contaminants as well as declaring the rule invalid.

During a news conference Monday, representatives from CCW along with Midwest Environmental Advocates, Clean Water Action Council of Northeast Wisconsin, Wisconsin Environmental Health Network and River Alliance of Wisconsin announced they will file a request to intervene and become full parties in the lawsuit.

The outcome of this case could have implications for every community in the state including Wausau, said Tom Kilian, a founding member of CCW who spoke on behalf of the organization on Monday.

Wausau and its citizens are directly impacted by the ability of the DNR to regulate environmental hazards, Kilian said, pointing to recent cleanup efforts and investigations underway in the city.

“Without the spills law, we would have no legal recourse for holding polluters accountable,” Kilian said.

Wilkin Gibart said if WMC succeeds, the DNR would likely be left without the legal authority to regulate many hazardous substances or ordering cleanup.

The intervenors are filing their intent today, Wilkin Gibart said. Once the motion is filed, the court will set a hearing on the filing to determine whether the groups will be allowed to move forward.


Wausau Council approves budget for Riverside Park remediation plan

Damakant Jayshi The Wausau City Council on Wednesday approved a budget modification to divert $28,600 from the Environmental Fund to collect information for bidding for Riverside Park cleanup work. The council decision…

Consultant recommends excavating contaminated soil from Wausau park

By Shereen Siewert Wausau officials this week will review a consultant’s recommendation to excavate significant amounts of soil from a west side park after testing showed multiple areas of contamination and associated…

Slow pace on remediation plans for Riverside Park and 1300 Cleveland Avenue

Damakant Jayshi Two city-owned contaminated properties in Wausau – Riverside Park and 1300 Cleveland Ave. – are still awaiting implementation of cleanup and other plans for each site, city officials said. This…

Wausau awaits DNR clarification on Riverside Park cleanup

Damakant Jayshi Wausau officials are awaiting feedback from the Wisconsin Department of Natural Resources about clean-up standards for contaminated sections of Riverside Park, according to a report from the Department of Public…

City leaders divided on whether agenda item violated Wausau’s open meetings law

Damakant Jayshi For the second time in two months, an agenda item for the Wausau City Council was removed amid concerns that Wausau could have violated Wisconsin’s Open Meetings Law had the…

Wausau rejects DPW feasibility funding – but learns planning assessment was already underway

Damakant Jayshi Wausau-owned property at 1300 Cleveland Ave. was at the center of discussion again last week when the City Council met to discuss, among other things, whether to approve a request…