On August 2, 2002, Clean Water Action Council filed a Motion to Intervene in federal court in Milwaukee, to increase the federal, state and tribal governments’ proposed final settlement with Georgia-Pacific Corporation (G-P, formerly Fort James Corp.). 

The settlement (Consent Decree) attempts to resolve Georgia-Pacific’s liabilities for natural resource damages on the Fox River and Green Bay, due to toxic PCBs discharged by the company. 

Clean Water Action Council is represented by Melissa K. Scanlan, Executive Director of Midwest Environmental Advocates, an experienced Wisconsin attorney, and Michael D. Hausfeld and R. Joseph Barton, of Cohen, Milstein, Hausfeld & Toll PLC, experienced Washington DC attorneys and international negotiators. 

Federal Judge Lynn Adelman, in Milwaukee, is presiding over the case.

The final brief was filed on October 14, 2002.  The judge required the parties to meet several times in an attempt to settle differences over the following months.   In May 2003, the judge ruled against intervenor status for Clean Water Action Council, but invited us to submit an Amicus Brief to argue against the final settlement.  The governments were then given an opportunity to respond with their own brief.   This process ended in late July, 2003.   The judge could rule soon on whether to approve the Georgia-Pacific settlement and consent decree.

Further documents will be posted here soon...

Legal Filings: 

By Clean Water Action Council:

• Motion and Notice of Motion to Intervene as Party Plaintiff  (pdf 676 KB)

• Brief in Support of Motion to Intervene as Party Plaintiff  (pdf 2,741 KB)

• Exhibit A – Complaint by U.S. and State of Wisconsin Against Fort James Operating Company (Georgia-Pacific)  (pdf 2,060 KB)

• Exhibit B – Consent Decree  (pdf 397 KB)

• Exhibit C – Intervenors’ Proposed Complaint  (pdf 1,138 KB)

• Final Reply Brief in Support of Clean Water Action Council’s Motion to Intervene as Party Plaintiff  (pdf 3,343 KB)

• State of Wisconsin Response to “Motion to Intervene as Party Plaintiff” Filed by Clean Water Action Council of Northeast Wis., Inc.  (pdf  307 KB)

• Fort James Operating Company’s Brief in Opposition to Clean Water Action Council of Northeast Wisconsin, Inc.’s Motion to Intervene as Party Plaintiff  (pdf  3,244 KB)

• Declaration of Albert H. Toma III  (pdf 439 KB)

• United States’ Brief in Opposition to “Motion to Intervene as Party Plaintiff” Filed by Clean Water Action Council of Northeast Wis., Inc.  (pdf 4,694 KB)

• Exhibit A - Fox River/Green Bay Inter-Governmental Partners' Memorandum of Agreement

• Exhibit B - Memorandum of Agreement concerning expenditures under interim Consent Decree with Appleton Papers Inc. and NCR Corporation

• Exhibit C - Federal, State, and Tribal Trustees' Memorandum of Agreement establishing and governing the Lower Fox River/Green Bay Restoration Trustee Council

• Exhibit 1 - Restoration and Compensation Determination Plan (RCDP) - excerpts
• Exhibit 2 - Fox River and Green Bay PCB Fate and Transport Model Evaluation - excerpts
• Exhibit 3 - EPA's Proposed Plan Summary for Cleanup of the Lower Fox River and Green Bay Site
• Exhibit 4 - Memorandum by P. David Allen II of U.S. Fish & Wildlife Service re: Record of May 14, 1992 Meeting Between WDNR and U.S. FWS, 7/13/92
• Exhibit 5 - Letter from Sam Marler, U.S. Fish & Wildlife Service to George Meyer, Wis. DNR, 12//9/93
• Exhibit 6 - Letter from George Meyer, Wis. DNR, to Sam Marler, U.S. Fish & Wildlife Service, 5/19/94
• Exhibit 7 - Memorandum by P. David Allen II of U.S. Fish & Wildlife Service to Frank Horvath of U.S. Fish & Wildlife Service, 4/14/94
• Exhibit 8 - Agreement Between the State of Wisconsin and Certain Companies Concerning the Fox River
• Exhibit 9 - "Fox River Sellout?  Critics say the DNR's proposed settlement with one of seven paper companies that polluted the river with PCBs is a sweetheart deal."  By Ron Seely and Andy Hall, Wisconsin State Journal, 12/17/2000
• Exhibit 10 - Letter from John Kennedy, Chair and on behalf of Science & Technical Advisory Committee for the Lower Green Bay and Fox River Remedial Action Plan, to David Allen, U.S. Fish & Wildlife Service, 12/15/2000
• Exhibit 11 - Letter from John Kennedy, Chair and on behalf of Science & Technical Advisory Committee for the Lower Green Bay and Fox River Remedial Action Plan, to Greg Hill, Wis. DNR, 3/12/2001
• Exhibit 12 - Letter from John Kennedy, Chair and on behalf of Science & Technical Advisory Committee for the Lower Green Bay and Fox River Remedial Action Plan, to Greg Hill, Wis. DNR, 9/7/1999
• Exhibits 13-24 -  Twelve members of Clean Water Action Council, from 5 different counties, explain how the proposed settlement harms them, in affidavits to the judge: