Wisconsin Utility Investors

WUI Joins Suit Challenging Department of Natural Resources Mercury Rule Procedures
Wisconsin Utility Investors, Inc. has joined with the Wisconsin Builders' Association, Wisconsin Paper Council, Midwest Food Processors Association, Wisconsin Cast Metals Association, Wisconsin Industrial Energy Group, Wisconsin Economic Development Association, Aggregate Producers of Wisconsin, and Wisconsin Manufacturers & Commerce in filing a lawsuit in Dane County Circuit Court asking it to enforce key rulemaking provisions of the Job Creation Act. The business and economic development groups are asking the judge to direct the Wisconsin Department of Natural Resources (DNR) to temporarily suspend their rulemaking on its proposed rule regulating mercury emissions until required provisions of the Wisconsin Jobs Creation Act have been met.

The DNR has proposed a rule to regulate mercury emissions that also includes limitations on nitrogen oxide (NOx) and sulfur dioxide (SO2) pollution. However, the scope statement issued by the agency in 2005 did not envision the excessive level of mercury regulation contained in the proposed rule, nor did it contemplate the regulation of NOx or SO2. If the DNR had issued an accurate scope statement for their rule, affected parties would have requested an economic impact report during the statutory 90-day window provided by the Job Creation Act. Conversely, the lack of an accurate scope statement has prevented the employers, lawmakers, electric ratepayers and utility shareholders from availing themselves of their due process rights to request preparation of this important economic report.

Although WUI does not agree with the merits of the rule itself, this suit merely seeks to preserve a fundamental promise of the Jobs Creation Act - the need for fair notice and an opportunity for meaningful participation in agency rulemaking. The suit simply asks the Court to direct the DNR to follow the law.

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