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Federal District Judge Lynn Adelman has ruled that Clean Water Action Council will not be allowed to intervene to increase the final PCB damage compensation settlement between the state, federal and tribal governments, and Georgia-Pacific Corporation. 

Clean Water Action Council had argued that citizen interests were not being adequately represented by the state and federal governments, because the $10.96 million dollar settlement was much lower than the Corporation’s projected $75 million share of the total $333 million damage assessment.  That damage assessment was determined by the U.S. Fish & Wildlife Service two years ago after approximately eight years of study, at a cost of roughly $10 million.

Clean Water Action Council had also argued that the $10.96 million was not spent on the stated priorities of the Restoration Plan and was unfairly distributed in the region, with recreation projects funded in Brown County only, and other funds only sparsely available in PCB-impacted northern communities, such as Door and Marinette Counties, or Michigan communities bordering the Bay.

“We are extremely disappointed with the judge’s ruling, and continue to believe that the governments settled for far too little,” stated Rebecca Katers, Executive Director of Clean Water Action Council.  “We did everything we could.  Our attorneys did excellent legal research and writing, and we made a strong case.”

According to Melissa Scanlan, Executive Director of Midwest Environmental Advocates and attorney for the community group, “This ruling did not uphold the settlement; it merely means that Clean Water Action Council will not be a party to the litigation.  The judge could still determine, after careful review of all the facts, that the settlement does not fairly compensate the public.

Some important information did surface as a result of this case, however.   The State of Wisconsin has now acknowledged that the federal Natural Resource Damage Assessment of $333 million, rather than the state/company’s study, is the correct assessment to use in estimating the PCB damage to the Fox River.

“We expect to see the federal number used as a starting point for all future Natural Resource Damage settlements,” noted Katers.

On the other hand, the federal government admitted in its legal documents that the Georgia-Pacific settlement was “discounted” (reduced) because the state had conducted their own competing Natural Resource Damage Assessment.  The state study arrived at lower PCB damage estimates.  The state had hired industry consultants recommended by the paper industry to arrive at the damage estimates, an action that Clean Water Action Council had consistently opposed.

“We warned that the Thompson Administration was selling out the public, and this admission by the federal government proves our point,” concluded Katers. 

To read legal documents and detailed arguments (pro & con), click here.  The judge’s decision will be loaded as soon as we receive a clean copy (in a few days.)

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