EPA Probes Wisconsin's Water Regulation Enforcement

Last week, federal regulators spent four days in the Madison, WI, headquarters of the state Department of Natural Resources searching through files on state enforcement of water pollution laws.

The U.S. EPA probe was tasked with finding out whether the federal government should take any steps in revoking the state’s authority to enforce those laws in Wisconsin, according to The Lacrosse Tribune.

“There does seem to be, even in conservative states, kind of a matter of pride that they would rather keep it in their control rather than have it be taken over by the federal government,” Emily Hammond, a George Washington University law professor who co-authored a study of federal investigations like the one now targeting Wisconsin, told The Lacrosse Tribune.

According to The Lacrosse Tribune, Hammond’s 2013 study and EPA records have shown that in the last 30 years “the EPA has investigated withdrawing states’ pollution authority at least 68 times as a result of petitions filed by citizen groups.”

Both Hammond and Markell found out that the EPA has “withdrawn authority from states, but never as the result of a petition-driven investigation.” Both said that petitioners were often frustrated because it took “an average of more than four years” to address complaints.

The Lacrosse Tribune reported that the case is moving faster than most. Hammond said that the reason is “probably because it is based largely on previous citizen complaints and EPA scrutiny that produced a 2011 list of 75 water protection deficiencies the state was directed to fix within two years.”

The EPA said that it was satisfied recently that six deficiencies were addressed. Hammond added that another factor that could help the agency move quickly “is a state audit released in June documenting shortcomings in DNR regulation of wastewater released by industry, sewage treatment plants and animal feedlots.”

Chicago-based spokeswoman Anne Rowan told The Lacrosse Tribune that on October 11, a team of four EPA employees examined all files that related to 47 water pollution permits DNR issued.

A DNR spokesman described the EPA review to The Lacrosse Tribune as “standard procedure.”

“We look forward to meeting with the EPA representatives and talking with them about how we take our obligations under the Clean Water Act seriously and are taking steps to address the various issues before us,” spokesman Jim Dick told The Lacrosse Tribune.

Hammond added that petitions for withdrawal of federal authority are considered a “last resort” by conservation groups that most frequently file them.

The Wisconsin petition was filed a year ago by the Madison-based environmental law firm Midwest Environmental Advocates and 16 state residents.