Tuesday, April 29, 2008

Wisconsin Business Groups - "Not So Fast" - File Suit Against DNR Over Mercury Proposal

It didn't take long for the opposition to step forward. Several WI business groups have filed suit in Dane County Circuit Court seeking a halt to the DNR's recently proposed rules on mercury emissions (see last post below). The DNR, in response to Gov. Jim Doyle's request, floated the proposal to cut mercury emissions 90% by 2015. There were options included to limit SO2 and NOx below federal and state requirements to buy time to meet the mercury limits until 2021. The fact that environmental groups were disappointed it didn't move faster without the loopholes and that industry was concerned it could meet the stated goals, to me meant it was probably a pretty good compromise.

Now it will move to the courts. The groups are not questioning the limits or timetables set forth in the proposal, they are asking the DNR to follow the procedures for rule making. An excerpt from The Capital Times follows;

The organizations -- including the Wisconsin Builders Association, Wisconsin Utility Investors and Wisconsin Manufacturers and Commerce -- filed the lawsuit in Dane County Circuit Court Monday.

The lawsuit is not challenging the merit or substance of the proposed rule, the organizations said in a news release. Instead, they are asking the DNR to comply with public notice requirements of the Job Creation Act of 2004.
[...]
"Had the DNR issued an accurate scope statement for this rule, the affected parties would have had the opportunity to request an economic impact report during a 90-day window provided by the law," the news release said.

"The lack of an accurate scope statement has prevented Wisconsin businesses, lawmakers and electric ratepayers from availing themselves of their due process rights to request preparation of this critical economic report."

"We are still analyzing the lawsuit. We have referred it to the Department of Justice and cannot comment at this point," said Laurel Steffes, a spokeswoman for the DNR.

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