[co-author: Stephanie Kozol]*
Wisconsin Attorney General (AG) Josh Kaul has announced an $85,000 settlement with the global food supply company Kerry, Inc. in relation to the company’s operation of a liquid smoke manufacturing facility.
The complaint filed by the AG in association with the parties’ stipulation for judgment alleges that the Kerry, Inc. liquid smoke manufacturing facility in Manitowoc, WI, emits “various air pollutants, including particulate matter, volatile organic compounds, and carbon monoxide” and thus requires a permit from the Wisconsin Department of Natural Resources to operate. However, the AG alleged that Kerry, Inc.’s permit expired in June of 2018, that Kerry, Inc. continued to operate under the expired permit, and further violated terms and conditions of that expired permit based upon an inspection of the facility by the Department in March 2022.
The stipulated judgment entered by the Manitowoc County Circuit Court on July 11 requires Kerry, Inc. to pay the State of Wisconsin $85,000 in forfeitures, surcharges, and costs in relation to those alleged violations. In the stipulation, Kerry, Inc. did not admit wrongdoing, and did not agree to any restrictions or conditions on the Manitowoc facility.
Why It Matters
The Wisconsin AG’s enforcement role in the Wisconsin Department of Natural Resource’s dispute with Kerry, Inc. is yet another example of a state AG’s fundamental responsibility to enforce state environmental laws and regulations and prosecute actions on behalf of state agencies. It is also a reminder to businesses to ensure that all required licensing is current and that the company complies with applicable regulations.
Additional articles on state AG offices in the environmental space include:
*Senior Government Relations Manager
