Extra-Terrestrial? Illinois Attorney General to File Suit Over Emission Controls in Wisconsin

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Illinois Attorney General Lisa Madigan has announced she plans to file a lawsuit challenging a recently issued ruling by the U.S. Environmental Protection Agency (EPA). While lawsuits involving environmental regulations between individual states and the federal government are becoming increasingly prevalent, this suit is noteworthy as it involves a manufacturing facility being built by Foxconn Technology Group (Foxconn) just north of the Illinois border in southeast Wisconsin. The Taiwanese company plans to build flat-screen display panels at the factory and campus in Racine County that could employ up to 13,000 people.

Under the EPA’s ruling, all of Racine County is deemed to be in “attainment” with the agency’s new air quality standards and will not be subject to the stricter rules for controlling smog and air pollution. That ruling was made despite pollution monitoring data showing Racine County exceeds ozone levels beyond the 70 parts per billion (ppb) limit. Meanwhile, several other counties near Lake Michigan, such as Kenosha, Ozaukee, Sheboygan, and Manitiowoc also failed to meet the EPA’s ozone standards and will be subject to the tougher air quality rules. If Racine County had been included in the non-attainment group, Foxconn would have been required to obtain additional air emission permits to begin construction. In addition, a non-attainment designation would require the plant to install the most stringent pollution control equipment.

“Despite its name, the EPA now operates with total disregard for the quality of our air and water, and in this case, the U.S. EPA is putting a company’s profit ahead of our natural resources and the public’s health,” Attorney General Madigan stated in a release. “I will file a lawsuit to protect the environment and people from the consequences of this unsupported decision.”

The proposed lawsuit would be Attorney General Madigan’s second attempt to impact the Foxconn site. In March 2018, Attorney General Madigan submitted comments to the Wisconsin Department of Natural Resources expressing concern about Foxconn’s water use and how wastewater from the manufacturing plant will be treated.

Wisconsin Attorney General, Brad Schimel said the “threatened lawsuit is as meritless as it is ironic.”

“Illinois is the largest contributor of ozone pollution to Racine, and now it wants to sue to stop Wisconsin from growing our economy in that same part of our state,” Attorney General Schimel said. “Illinois should worry about addressing its own pollution problems and inability to attract job creators, rather than needlessly attacking Wisconsin for its success.”