MMSD Lawsuit

On July 11, 2001, Friends of Milwaukee's Rivers and Lake Michigan Federation filed a Notice of Intent to Sue the Milwaukee Metropolitan Sewerage District (MMSD) for repeated violations of the federal Clean Water Act – and particularly requirements related to sanitary sewer overflows (SSOs). The Clean Water Act prohibits SSOs, except in extremely limited circumstances. Notwithstanding the Act's prohibition, MMSD has continuously violated SSO requirements. Since 1994, MMSD has dumped more than 900 million gallons of SSOs into area rivers and Lake Michigan.

MMSD, Friends, Lake Michigan Federation and the Wisconsin Department of Natural Resources attempted to negotiate a resolution of MMSD's SSO violations in early 2002. Negotiations were unsuccessful. Friends and Lake Michigan Federation filed a citizen suit for Clean Water Act violations against MMSD in federal court for the Eastern District of Wisconsin on March 15, 2002. The lawsuit seeks the cessation of SSOs as well as penalties for violations of the Clean Water Act.

In June 2002 MMSD filed a motion to dismiss the lawsuit. In July 2002 and most recently, on September 3, 2002, the Friends and Lake Michigan Federation filed briefs contending, among other points, that the lawsuit must go forward due to the repeated SSOs and failure of the state and MMSD to adequately address the SSO violations. The motion to dismiss is pending.

"MMSD continually violates the Clean Water Act with regard to sewer overflows," said Karen Schapiro, attorney for the groups. We'll be seeking a remedy that ensures court supervision to ensure the agency abides by the requirements of the Clean Water Act."
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Formed in 1970, the Lake Michigan Federation is the oldest citizens' Great Lakes organization in North America. Its mission is to restore fish and wildlife habitat, conserve land and water, and eliminate pollution in the watershed of the largest lake within U.S. borders. More on the Federation and this lawsuit is available at www.lakemichigan.org.

The Lake Michigan Federation and Friends of Milwaukee's Rivers are represented by Karen M. Schapiro, Esq. Ms. Schapiro practices environmental law at the Milwaukee firm of DeWitt Ross and Stevens. (262) 754-2840

Sewage plume spreads into Lake Michigan - May 2004

Photo: Jodi Habush-Sinykin

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