Wisconsin Republicans are withholding $125 million intended to clean up widespread PFAS contamination in drinking water, and have said they will only release the money in exchange for immunity for polluters.
The move is part of a broader effort by Republicans in the state to steal power from the Democratic governor. Tony Everssay the supporters of the funding, claiming such “political games” endanger residents’ health.
“People really feel like they’re being held hostage,” said Lee Donahue, mayor of Campbell, which is part of the La Crosse metropolitan area and whose drinking water is contaminated with astronomical levels of PFAS. “It is ridiculous, and some say criminal, that they are withholding money from communities that desperately need clean drinking water.”
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PFAS is a class of chemicals used in dozens of industries to make products water, stain and heat resistant. They are called “forever chemicals” because they do not break down naturally, persist in the environment and accumulate in the bodies of people and animals. The compounds have been linked to cancer, reduced immunity, thyroid problems, birth defects, kidney disease, liver problems and a range of other serious diseases.
The Environmental Protection Agency this year set limits for some of the most common PFAS, including levels of four parts per trillion (ppt) for the most dangerous. PFAS contaminate the water for more than 350,000 users of public water systems in Wisconsin, often at levels that far exceed limits. Many more private wells have contaminated water. In Madison, the state capital, levels in water sources were found as high as 180,000 ppt.
In Campbell, where more than 500 wells have tested positive for PFAS at levels thousands of times higher than federal limits, many suspect that the high rates of cancer and other serious conditions affecting the city’s residents are the result of the dangerous chemicals.
In light of the crisis, bipartisan budget legislation creating the $125 million pot for cleanups was passed by the Republican Party-controlled Legislature and signed by the governor in mid-2023. The money would go to the Wisconsin Department of Natural Resources.
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Previously, money approved during budgeting processes was released to the state agency. Since Evers ousted Republican Scott Walker in 2018, the Republican Party-controlled Legislature has asserted that the Joint Finance Committee (JFC) it controls can add provisions to how the money is spent, or refuse to release money approved in the budget.
That gives Republican leadership more control over how Evers’ administration spends money and governs, and the Republican Party is using that legal theory to block funding for the PFAS cleanup.
“It’s absolutely a power grab,” said Erik Kanter, president of Clean Wisconsin, which lobbies on PFAS issues.
Meanwhile, Republicans separately advanced a piece of legislation that provided a framework for how the $125 million would be spent on PFAS cleanup, but it also included what Kanter called a “poison pill”: It exempted PFAS polluters from state anti-spill laws, which are intended to hold the industry accountable for the pollution it causes.
Evers vetoed the legislation because of the exemption from the spill law. The Department of Natural Resources then proposed to Republican lawmakers to spend the $125 million as outlined in the Republican legislation, but the industry would not be exempt from the spill laws. Lawmakers have so far rejected that proposal, and it is now on pause for the remainder of 2024.
“At this point, it appears the JFC is not going to release those dollars,” Kanter said. “That money has been there for almost a year and no one has gotten any help because of political gamesmanship in the legislature.”
The Evers government announced at the end of May that it would sue the commission for withholding the funds and claim a constitutional separation of powers. It accuses the withholding of the JFC as “an unconstitutional legislative veto.” Republican leaders did not immediately return a request for comment.
In the meantime, communities like La Crosse continue to struggle, Donahue said. The city and county have spent nearly $1 million to date determining the feasibility of tapping into a neighboring aquifer and continue to monitor it to ensure the PFAS plume contaminating their drinking water source does not migrate.
“What are we doing?” Donahue asked. “We cannot afford to wait another year for help.”
