Dept. of Justice: AG Kaul announces settlement with Kerry Inc. requiring $85,000 payment to resolve violations of Wisconsin’s air laws

MADISON, Wis. – Attorney General Josh Kaul announced a settlement with Kerry Inc. requiring it to pay $85,000 to resolve violations of Wisconsin’s air laws related to its operation of a liquid smoke manufacturing facility in Manitowoc. The settlement was approved by the Manitowoc County Circuit Court on July 11, 2024.

“As this case shows, Wisconsinites can help address air pollution by reporting potential violations,” said Attorney General Kaul. “Thank you to everyone who is helping to keep our air clean.”

The State alleged that Kerry Inc. violated multiple requirements of its air operation permit, including that Kerry Inc. did not observe the opacity of its air emissions, did not test the carbon monoxide concentration in its air emissions, and did not operate air pollution control equipment within the parameters required by the permit. Kerry Inc. also did not timely report these violations to the Department of Natural Resources (DNR), as required by the terms of its permit.

The settlement requires Kerry Inc. to pay a total of $85,000 in forfeitures, surcharges, and court costs.

Wisconsin Department of Justice (DOJ) Public Protection Unit Assistant Attorney General Emily M. Ertel represented the State of Wisconsin. DOJ worked closely with the DNR to obtain this result. The investigation of the violations alleged in this case was the result of tips from the public. The public can report tips anonymously to the DNR Tip Hotline at 1-800-TIP-WDNR (1-800-847-9367).

A copy of the Complaint, Stipulation for Judgment, Order for Judgment, and Judgment are available here.

The Legislature’s Joint Committee on Finance approved the proposed resolution on July 9, 2024.