Our Legacy of Victory
WPS’ Unlawful Air Pollution
Core to Clean Wisconsin’s mission is the belief that everyone deserves clean air. In 2006, Clean Wisconsin, in partnership with Sierra Club, brought a lawsuit against WPS after our internal legal research showed the utility had violated various aspects of its air permit for the Pulliam power plant in Green Bay. By its own monitoring reports, the Pulliam facility had exceeded its permitted opacity limits of visible emissions numerous times during the five-year period preceding our complaint.
The legal case against WPS showed the company had been in violation of Section 304 of the Clean Air Act, its implementing regulations, and Pulliam’s operating permit. As remedy, Clean Wisconsin and Sierra Club asked the court for declaratory and injunctive relief and assessment of civil penalties. Our legal work was further supported by a robust organizing and communication effort, including a press conference in across the river from Pulliam in Green Bay, which was attended by all local TV stations. Our work to garner public support for the case and the need for cleaner air also included informational meetings at the public library and successful editorial board visits with the Green Bay Press-Gazette.
After two well-fought years in federal court, WPS was pressured to enter into a consent degree. Under the agreement, the company was required two retire coal-fired generators at the Pulliam power plant. In addition, WPS agreed to install pollution controls at four other units and spend $500,000 on energy-efficiency projects throughout the Green Bay area.
Why It Matters
The final ruling in federal court led WPS to enter a legal agreement that included the required retirement of two coal-fired generators at the Pulliam Power Plant, which directly helped reduce air pollution in the area. Our campaign also made a lasting impact on the public’s opinion about pollution from dirty fossil fuels sources like coal.
