PHOTO: Courtesy of WLUK
(WTAQ-WLUK) — A judge was updated Wednesday on a lawsuit between the state and Tyco Fire Products regarding PFAS pollution in Marinette County, but for the third consecutive time, the update was given in private instead of in open court.
In March 2022, the state Department of Justice filed the civil lawsuit, alleging Johnson Controls and Tyco Fire Products violated the state’s hazardous substance spills law. According to the complaint, the companies failed to notify the DNR of a PFAS discharge. It also states they failed to clean up contamination at and around the Fire Technology Center in Marinette. Tyco has denied these allegations.
In November, the parties told Brown County Judge Tammy Jo Hock that the parties were close to finalizing the case, short of going to trial. At the time, it was suggested the case could be resolved by the end of 2025.
The settlement would address how remedies around the fire training center will be handled, what payment will be made to the state and a dispute resolution mechanism to avoid future court hearings, Tyco attorney Liam Montgomery said.
That deal has not been reached.
Status hearings by Zoom were held Jan. 22, Feb. 4 and again Wednesday. The attorneys appeared online and were not in the courtroom. In all three instances, the parties went into a breakout room to meet with Hock “in chambers.” Those meetings excluded anyone else.
When the parties returned to open court Wednesday, another status conference was set for April 1, with no other details about the case discussed.
According to a March 2025 post, Tyco has spent more than $100 million on a groundwater extraction and treatment systems, removing contaminated soils, and providing clean water to neighbors impacted by groundwater issues.
PFAS are man-made chemicals found in a number of products, including fire-fighting foam. According to the U.S. Centers for Disease Control and Prevention, PFAS can increase cancer risk and can affect growth, learning and women’s fertility.
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