MADISON – The WMC Litigation Center, a non-profit law firm affiliated with Wisconsin Manufacturers & Commerce (WMC), filed a lawsuit against the Wisconsin Department of Natural Resources (DNR) on behalf of Steve and Mary Benaszeski. The lawsuit will determine whether the DNR can hold Wisconsinites liable for contamination they did not cause simply because they own contaminated land.
The Benaszeskis are a retirement-age couple who own a property in Northern Wisconsin. Long before the Benaszeskis purchased the property, a gas station stood on the lot. When the gas station closed, it left two gas tanks buried beneath the soil. In 1993, the Wisconsin Department of Transportation discovered those tanks while preparing for roadwork and determined that petroleum had leaked out of them into the surrounding soil. Steve and Mary purchased the property in 2001—completely unaware of the underground contamination that allegedly existed on it.
The DNR is now trying to force Steve and Mary to pay to investigate the alleged contamination and clean up whatever they find.
“Steve and Mary are innocent landowners who are being punished by the DNR simply for owning property,” said WMC Litigation Center Executive Director Scott Rosenow. “This is an unconscionable abuse of power by the DNR.”
“Isn’t it obvious that you shouldn’t be held liable for the wrongdoings of others?” asked WMC Litigation Center Deputy Director Nathan Kane. “My clients want to retire, but they can’t because the DNR says they’re on the hook for alleged contamination that someone else caused. Imagine yourself in those shoes.”
The WMC Litigation Center represents its clients free of charge in legal actions to foster and protect the free enterprise system from government entities that act beyond their authority. The WMC Litigation Center is a not-for-profit 501(c)(3) organization that relies solely on the tax-deductible support of its contributors. To learn more about and donate to the WMC Litigation Center, visit www.wmclitigationcenter.org.
Click here to read the complaint.
