By Shereen Siewert
City leaders on Tuesday voted unanimously to continue Wausau’s quest to hold polluters accountable for PFAS contamination, but so far appear to be resisting state officials’ request to study groundwater contamination on its own property.
During a special meeting, the council, with two members absent, went into closed session to discuss the city’s legal strategy in the PFAS Class Action Settlement proposed in multi-district litigation. Wausau had until Dec. 11 to opt out; instead, the city will continue.
The news comes six months after officials in Wausau voted to explore a lawsuit to recover costs and identify polluters contributing to the city’s drinking water contamination, the cost of which has so far fallen on the backs of taxpayers. 3M is facing about 4,000 lawsuits by state and municipalities over contamination by PFAS, the so-called “forever chemicals” used by the company in manufacturing operations.
Mayor Katie Rosenberg has repeatedly said she wants to hold manufacturing companies accountable for PFAS contamination and, just days ago, announced the city will sue dozens of insurance companies and manufacturers of the so-called ‘forever chemicals.’ But Wausau has made no moves to comply with the Wisconsin Dept. of Natural Resources’ request to investigate confirmed groundwater contamination at city-owned property on the near west side.
In October, state officials confirmed contamination at 1300 Cleveland Ave., which has been the subject of rigorous reporting by this newspaper. Matt Thompson, of the DNR, confirmed in October that a PFAS groundwater investigation for the site will be necessary and could include off-site monitoring wells. Citizens for a Clean Wausau first publicly reported the discovery on its website.
But city emails show no such investigation is underway and Public Works Director Eric Lindman insists there are “no immediate threats to any residents” related to the contamination at the property, which lies in close proximity to the Wisconsin River and near parks where residents regularly fish and swim.
In his Nov. 30 email to council members, Lindman refers to the lack of regulatory standards for PFAS, an argument reminiscent of earlier discussions by former Natural Resources Board holdout Fred Prehn, when blasting Wausau’s response to PFAS found in drinking water.
“Currently there are no mandates or regulations requiring the city to perform this additional investigation,” Lindman wrote.”At this time we have not pursued any further investigation as we have no funding approvals to move forward with any sort of investigation.”
But the fight against other polluters is only ramping up.
Dist. 3 Alder Tom Kilian on Tuesday, after the group’s closed session, suggested that funds recovered should go toward defraying taxpayers’ skyrocketing water expenses. He also said in open session that the city should move quickly to comply with state regulators’ requests to investigate 1300 Cleveland Avenue and identify the extent of groundwater contamination.
“If we do this tonight and not those things, it would be inconsistent and to the detriment of the people we serve,” Kilian said.
Regulatory and financial pressure mounts for 3M
As pressure on both regulatory and financial fronts increased, 3M in December said it would discontinue the use of PFAS in its products by the end of 2025. PFAS are widely used in hundreds of products, from nonstick cookware coatings to food packaging, stain- and water-resistant clothing and firefighting foams.
Studies have found that most products labeled stain- or water-resistant contained PFAS – even if those products are labeled as “nontoxic” or “green.”
“Once people are exposed to PFAS, the chemicals remain in their bodies for a long time – months to years, depending on the specific compound – and they can accumulate over time,” wrote Middlebury College environmental health scholar Kathryn Crawford. A 2021 review of PFAS toxicity studies in humans “concluded with a high degree of certainty that PFAS contribute to thyroid disease, elevated cholesterol, liver damage and kidney and testicular cancer.”
3M is facing about 4,000 lawsuits by states and municipalities for PFAS contamination. Minnesota’s Attorney General filed one of the earliest such cases against chemical manufacturers, seeking $5 billion from 3M for harm to drinking water and the environment in the Twin Cities metropolitan area. In 2018, 3M settled the case for $850 million without conceding liability.
Other Wisconsin municipalities have filed similar lawsuits that seek to recover cleanup costs. In 2021, for example, the City of La Crosse claimed products containing PFAS chemicals caused contamination of public and private wells in their lawsuit, which was filed against nearly two dozen chemical companies including 3M.
After closed session Tuesday, Dist. 7 Alder Lisa Rasmussen moved to continue with settlement negotiations. Dist. 1 Alder Carol Lukens provided the second. Chad Henke and Lou Larson were absent, but the vote from alders present was unanimous.
