Foam floating in the Peshtigo River. PC: Fox 11 Online
MARINETTE, WI (WTAQ-WLUK) – A lawsuit regarding PFAS pollution in Marinette County appears headed for trial after mediation failed, a court document says.
In March 2022, the state Dept. 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 the allegations.
While a three-week trial is already scheduled to start on Dec. 3, 2024, the two sides were encouraged to try to settle the case. That didn’t happen, according to the “notice of mediation impasse”.
“The parties participated in mediation on October 11–12, 2023, before the Hon. Richard Sankovitz, in person in Milwaukee, Wisconsin. The parties were unable to reach a resolution,” states the letter to the court, signed by attorneys for the companies and the Attorney General’s office.
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.
As part of this lawsuit, the state is seeking a monetary penalty from Johnson Controls, Inc. and Tyco for violations of the hazardous substance spills law and injunctive relief requiring the companies to complete an investigation and cleanup of the PFAS contamination at and around the Fire Technology Center.
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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