Environmental advocates sound alarm over legal challenge to Wisconsin Spills Law
MILWAUKEE (CBS 58) -- Several Wisconsin environmental groups are sounding the alarm over a legal challenge to a state law that requires companies to clean up after hazardous chemical spills.
Wisconsin's Spills Law also requires companies to notify the Department of Natural Resources of any hazardous spills, and allows the state to quickly respond and hold the companies accountable.
Business groups say the spills law goes too far.
Recent train derailments -- particularly the one that sparked widespread health and environmental concerns in East Palestine, Ohio -- have critics worried that rolling back regulations in Wisconsin could one day make a disastrous situation even worse.
Tony Wilkin Gibart, of the Midwest Environmental Advocates, said. "WMC is putting corporate interests over the health of people."
That's the charge against the state's largest business group: Wisconsin Manufacturers & Commerce.
Current law gives the DNR authority to force the cleanup of hazardous materials, but that definition is intentionally broad.
But WMC says it leads to overreach, and sued the state and DNR, calling for a list each hazardous substance first.
The group Midwest Environmental Advocates says that's not practical because often new information is being discovered about PFAs and other hazardous materials.
Rob Lee, the MEA staff attorney, said, "Until such a list exists, DNR could be left without authority to respond to PFAs pollution and spills of many other hazardous substances."
A Waukesha County Circuit Court judge ruled in favor of the WMC last spring, but the state and DNR appealed. They're now awaiting a ruling.
If WMC is successful and a new chemical is spilled that's not on the list, the DNR may not have the authority to require a cleanup.
Wisconsin Manufacturers & Commerce responded to the concerns with a statement, saying in part, "The law is clear that state agencies must go through the proper rulemaking process to ensure the public knows exactly what the standards are. This process also makes certain all stakeholders have a voice and that final regulations are based on science – not fear."
But the environmentalists argued their concern is based on science.
Wilkin Gibart said, "The lawsuit would hamper quick response and clear accountability, the very things the public is demanding right now."
They pointed to the East Palestine train derailment as proof of what could go wrong.
Dr. Beth Neary, of the Wisconsin Environmental Health Network, said, "Prompt cleanup is critical to reduce the amount and the length of exposure. That's why the Spills Law is so important."
The full statement from Wisconsin Manufacturers & Commerce reads:
“WMC has consistently and cooperatively worked with policymakers to tackle environmental concerns associated with PFAS substances, and our lawsuit has nothing to do with overturning or weaking Wisconsin’s Spills Law – a point confirmed by the Circuit Court. The law is clear that state agencies must go through the proper rulemaking process to ensure the public knows exactly what the standards are. This process also makes certain all stakeholders have a voice and that final regulations are based on science – not fear. It is unfortunate that some special interests feel the need to use scare tactics that include wholly unrelated situations simply to further their own political agenda.”