Fertilizer Ban Challenged By Lawsuit

A lawsuit filed in federal court on Dec. 15 aims to quash new Madison, Wis. ordinances banning the use of phosphorus fertilizers. The lawsuit, filed by a group of fertilizer retailers, lawn-care businesses and trade groups, claims that the ordinances, which are scheduled to take effect Jan. 1, are pre-empted by federal and state laws and violate the equal protection and free speech clauses of the U.S. and Wisconsin constitutions. The group wants U.S. District Judge Barbara Crabb to declare the ordinances null and void and stop the city and county from implementing and enforcing them. Spokesmen for Madison Mayor Dave Cieslewicz and Dane County Executive Kathleen Falk vowed they would fight the lawsuit, saying the reduction of phosphorus is important to the restoration of Dane County lakes. "(The ordinance) will help us control the phosphorus going into the lake," said Falk spokesman Topf Wells, "which will help us reduce the noxious algae blooms that make our lakes less attractive to use and, to a degree, less safe." "The ordinance is an important part of protecting the Madison-area lakes and starting them on the road to recovery," said Cieslewicz spokesman George Twigg. Plaintiffs in the lawsuit are: CropLife America, a Washington, D.C., fertilizer trade association; Responsible Industry for a Sound Environment, another Washington fertilizer trade association; the Wisconsin Fertilizer and Chemical Association; the Midwest Hardware Association; and the Wisconsin Landscape Federation. Businesses include Berry Hill Farms and Landmark Services Cooperative, both of Cottage Grove; Keyman Lawn Care of Verona and Midwest Lawn Care of Middleton. --Wisconsin State Journal