Phosphorus Ban Prompts Claims Against City, County

MADISON, Wis. --  A group of lawn-care businesses and fertilizer retailers filed claims Wednesday with Dane County and the city of Madison challenging bans on phosphorus in lawn-care products. 

The claims are precursors to lawsuits against the city and the county over bans the group claims are supported "neither by science or the law." 

The bans, which are scheduled to take effect Jan. 1, 2005, will make it illegal to sell and use lawn and turf fertilizers containing more than a trace of phosphorus.

The ordinances are intended to reduce the levels of the chemical nutrient in the lakes. Proponents of the ban say high phosphorus levels contribute to cloudy algae blooms and poor water clarity during summer. 

But David Crass, an attorney for Michael Best & Friedrich who is representing the group challenging the ban, said "both ordinances are fatally vague and flawed from the standpoint of how you comply, how you go about complying."

He said the law also creates a "confusing patchwork" of rules that attempts to pre-empt state and federal laws.

"The burden these ordinances place on local retailers, lawn-care providers and homeowners is unacceptable," Crass said.

The city and county have 120 days to respond to the claims. If the claims are denied or if 120 days pass without action, Crass said, the group will file a lawsuit.

Included in the group challenging the phosphorus bans are: CropLife America, a national fertilizer trade association; Responsible Industry for a Sound Environment, another national fertilizer trade group; America's Best Flowers Garden Center, 4311 Vilas Hope Road; Wisconsin Fertilizer & Chemical Association; Landmark Services Cooperative, Cottage Grove; Middleton Farmers Cooperative; Midwest Hardware Association; Keyman Lawn Care, Verona; Midwest Lawn Care, Middleton; and the Wisconsin Landscape Federation.

Sharyn Wisniewski, aide to County Executive Kathleen Falk, said the claim has been forwarded to the county's attorney for review. 

"The main point is that our citizens clarified that they wanted blue lakes and not green lakes, and that's what we're foremost keeping in mind," Wisniewski said. 

Janet Piraino, aide to Madison Mayor David Cieslewicz, said the mayor is confident the ban will withstand a legal test.

"The mayor knows that Madison residents care about their lakes and he believes the phosphorus ban is in the best interest of the public and the environment," Piraino said. Contact Ed Treleven at etreleven@madison.com or 252-6134.