SOH2O voices dissatisfaction over PFAS settlement outcome

PESHTIGO – Save Our H2O (SOH2O) — the grassroots advocacy organization that has spent more than eight years on the front lines of the Peshtigo and Marinette PFAS crisis — expressed deep disappointment following the June 4 announcement by Wisconsin Attorney General Josh Kaul regarding the Wisconsin Department of Justice settlement with Tyco Fire Products LP and Johnson Controls International (Tyco/JCI).

The case centered on violations of Wisconsin’s Spill Law, including allegations that Tyco/JCI failed to report PFAS contamination after first identifying it on company property in 2013 and failed to comply with subsequent Wisconsin Department of Natural Resources (DNR) enforcement efforts.

Under the settlement, Tyco/JCI will pay $10 million into Wisconsin’s PFAS trust fund. The agreement also establishes a judgment against the company, allowing future enforcement actions related to noncompliance to proceed more quickly before a judge if additional violations occur.

However, SOH2O believes the settlement falls significantly short of what impacted residents were promised and deserve.

Most concerning to residents is that the settlement reportedly reduces Tyco/JCI’s defined boundary of responsibility to the smaller contamination area the company originally acknowledged years ago. For years, the DNR maintained that Tyco/JCI was responsible for the broader extended site investigation area, which includes dozens of additional impacted properties.

This change leaves more than 80 homeowners with PFAS-contaminated private wells outside the narrowed responsibility boundary and forces them to compete for funding through the state’s limited PFAS trust fund rather than requiring the admitted responsible party to directly provide relief.

“Safe drinking water should never become a competition between contaminated communities,” said SOH2O.

“By placing these funds into a statewide PFAS trust fund, impacted residents across Wisconsin are now forced to compete against one another for limited resources, despite all communities being equally deserving of clean, safe drinking water.”

SOH2O also expressed concern that the settlement places the DNR in an impossible position, forcing the agency to act as the arbiter of who receives assistance and who does not, inevitably leaving many residents disappointed, disenfranchised and without long-term drinking water solutions.

Throughout the PFAS crisis, SOH2O has consistently advocated for two fundamental priorities — safe drinking water for every impacted resident and comprehensive, long-term health monitoring for exposed communities.

According to the organization, this settlement fails to achieve either goal. The winner in this settlement is Tyco/JCI.

SOH2O acknowledged Attorney General Kaul’s efforts in pursuing enforcement actions against Tyco/JCI, but emphasized that impacted residents should have had a stronger voice in shaping the outcome.

“We were optimistic when Attorney General Kaul proceeded with an enforcement case,” SOH2O stated.

“However, we believe meaningful engagement with directly impacted residents was gravely overlooked and would have provided critical insight into the community’s actual needs and priorities. The people living this crisis every day have always been clear about what justice looks like — safe drinking water for all and meaningful health protections. None of which was achieved.”

SOH2O reaffirmed its commitment to continued advocacy on behalf of all impacted residents in the Town of Peshtigo and surrounding communities and stated it will continue fighting for accountability, transparency and equitable access to safe drinking water.