¶ Overview
In 2022, Eric Toney refused to commit to continuing the state’s PFAS lawsuit against companies accused of contamination as Wisconsin pursued PFAS cleanup efforts and lawsuits over contaminated water sources. Eric Toney repeatedly argued stronger environmental regulations hurt businesses and the economy and warned environmental enforcement could place financial burdens on Wisconsin businesses, even though PFAS contamination harmed Wisconsin communities and raised serious public health concerns.
Investigate Midwest reported residents near Johnson Controls International’s Marinette facility linked PFAS exposure to serious health concerns, including testicular cancer cases identified in Craig Koller’s high school class at rates roughly 10 times higher than the national average. PFAS contamination spread across Wisconsin while regulators declined to set groundwater standards, Midwest Environmental Advocates warned private well users remained vulnerable to contamination, and more than 100 contamination cases remained under investigation statewide. Investigate Midwest also reported Johnson Controls International found elevated PFAS levels near its Marinette facility in 2013 but did not acknowledge contamination beyond the site until 2017.
The State of Wisconsin later pursued monetary penalties and court-ordered remediation efforts against Johnson Controls International and Tyco, while the Wisconsin Supreme Court expanded the state’s authority to require PFAS cleanup efforts.
¶ Eric Toney Refused To Commit To Continuing Wisconsin’s PFAS Lawsuit And Questioned Environmental Enforcement Despite Wisconsinites Facing PFAS Contamination And Drinking Water Risks
¶ Eric Toney Repeatedly Refused To Commit To Continuing Wisconsin’s PFAS Lawsuit Against Companies Accused Of Contaminating Water Sources And Opposed Stronger Environmental Enforcement
¶ Eric Toney Repeatedly Refused To Say Whether He Supported Continuing Wisconsin’s PFAS Lawsuit
2022: Eric Toney Declined To Commit To Continuing Wisconsin’s PFAS Lawsuit. According to WUWM 89.7, "Here’s what he said when asked if he would continue a lawsuit Attorney General Josh Kaul filed over PFAS: ‘I have a record as a district attorney of protecting our environment. I'm a cross country and track runner, love being outside. I've done seven marathons. I will protect our water, I will protect our air and we've protected our sturgeon population on Lake Winnebago, we've protected it against invasive species and I was attacked for that during the Republican primary and I did not back down and so I will fight to protect our environment. And one thing we'll do is review every single case that's been filed to see what direction we're going to go. I'm not going to prejudge some cases that I haven't had a chance to look at all of the information, but I will protect our environment." [WUWM 89.7, 11/3/22]
During The 2022 Attorney General Debate, Eric Toney Refused To Say Whether He Would Continue Kaul’s PFAS Lawsuit Against Companies Accused Of Contaminating Wisconsin Water Sources. According to WPR, "Kaul is backing Democratic Gov. Tony Evers in a lawsuit filed earlier this year against companies over PFAS contamination. Asked whether he would withdraw from the suit if elected, Toney said he couldn’t prejudge a specific case until he saw all the information. ‘I will fight to protect our environment,’ Toney said. ‘We have to have clean water, we have to have clean air. That is what my record is as a district attorney and that is what I will do as attorney general.’ Kaul accused Toney of dodging the question. ‘I think the reality is that he’s likely to withdraw Wisconsin from that (lawsuit),’ Kaul said." [WPR, 10/27/22]
¶ Eric Toney Supported “Curtailing Unlawful Administrative Overreach” On Environmental Regulations
2022: Eric Toney Supported “Curtailing Unlawful Administrative Overreach” On Environmental Regulations While Running For Attorney General. According to WUWM 89.7, "Attorneys general can shape a state's environmental protections by supporting or challenging regulations. They can also influence national environmental policy by joining lawsuits or federal court cases. Toney does not have anything on his candidate website about environmental stewardship, but says he ‘supports curtailing unlawful administrative overreach.’" [WUWM 89.7, 11/3/22]
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Eric Toney Repeatedly Framed Environmental Regulations And Enforcement Efforts As Burdens On Wisconsin Businesses
2022: Eric Toney Said “Stricter Environmental Laws And Regulations Cost Too Many Jobs And Hurt The Economy.” According to IVoterGuide, "Which comes closest to your view? A) Stricter environmental laws and regulations cost too many jobs and hurt the economy. B) Stricter environmental laws and regulations are worth the cost. Toney: A) Stricter environmental laws and regulations cost too many jobs and hurt the economy. Solar, wind, and electric vehicles have an important role but the technology needs continued improvements to make those more reliable and to improve the ability for longer term energy storage."
[IVoterGuide, Archived 5/5/26]
2025: Eric Toney Suggested Environmental Protections Should Be Balanced Against The Financial Impact Regulations Could Have On Businesses And Wisconsin Farmers. According to the Milwaukee Journal Sentinel, "Toney said he would emphasize clean air and clean water for Wisconsinites, but not at the expense of businesses. 'When we see those violations, the question becomes how do we handle these situations?' he said. 'We don't want to drive businesses out of the state or make it more difficult on our farming community. But we have to make sure when those violations occur, that there is real and serious accountability." [Milwaukee Journal Sentinel, 12/29/25]
¶ PFAS Contamination Harmed Wisconsin Communities And Raised Serious Public Health Concerns
¶ Investigate Midwest Reported PFAS Chemicals Found Near Johnson Controls International’s Facility Were Linked To Testicular Cancer At Roughly 10 Times The National Average Rate
HEADLINE: “‘The Middle Of A Massive Contamination’: Residents Of Wisconsin Region Struggle With Aftereffects Of Dangerous ‘Forever Chemicals’” [Investigate Midwest, 4/29/21]
Investigate Midwest Reported PFAS Chemicals Found Near Johnson Controls International’s Facility Were Linked To Testicular Cancer, Including Cases Identified In Craig Koller’s High School Class. According to Investigate Midwest, "The chemicals from the JCI facility contaminated the area’s drinking water. Polyfluoroalkyl substances, or PFAS, are a group of man-made chemicals found in products such as household cleaners, paint and firefighting foam that are linked to infertility in women, stunted developmental growth, and kidney and testicular cancers. While the problem has garnered legal and state attention, residents are forced to reckon with the contamination’s impact on their community — from using bottled water to cook to suffering from cancer." [Investigate Midwest, 4/29/21]
- April 2021: Marinette Resident Craig Koller Linked His Testicular Cancer Diagnosis To Growing Up Near Johnson Controls International’s PFAS Contamination Site In Wisconsin. According to Investigate Midwest, "Craig Koller grew up splashing through backyard creeks and biking gravel trails, sometimes through the Johnson Controls International Fire Technology Center. Black smoke wafted overhead as it conducted controlled burns to test firefighting foam, producing a dangerous ‘forever chemical’ known as PFAS. As a kid growing up in the northern Wisconsin port city of Marinette, Koller didn’t think much of being around the facility or drinking the city’s water. ‘How would you have known? There’s no signs (at that time) saying, ‘Stay out: contamination,’’ Koller, 32, said. But Koller’s formative years in Marinette likely altered his life forever: Right after graduating from high school in 2007, he was diagnosed with testicular cancer." [Investigate Midwest, 4/29/21]
- April 2021: Marinette Resident Craig Koller Identified Multiple Men In His High School Class Who Developed Testicular Cancer At Roughly 10 Times The National Average Rate. According to Investigate Midwest, "Koller said he knows of three other men out of the about 75 in his high school’s graduating class who have had testicular cancer. Compared to the national average, he and his classmates were roughly 10 times more likely to have the disease." [Investigate Midwest, 4/29/21]
¶ PFAS Contamination In Wisconsin Raised Health Concerns Across Wisconsin While Regulators Left Groundwater Wells Unregulated
PFAS Contamination Affected Communities Across Wisconsin And “Forever Chemicals” Were Linked To Potential Health Risks. According to WUWM 89.7, "PFAS is an abbreviation for perfluoroalkyl and polyfluoroalkyl substances. The chemicals were developed as coatings to protect consumer goods from stains, water and corrosion. Nonstick cookware, carpets, outdoor gear and food packaging are among items that contain the chemicals. They also are an ingredient in firefighting foams. They're often described as 'forever chemicals' because some don’t degrade naturally and are believed to be capable of lingering indefinitely in the environment. Research suggests that they may cause health problems in humans. PFAS contamination is a widespread problem in Wisconsin. A host of communities, including Marinette, the town of Campbell on French Island, Madison and Wausau have discovered the chemicals in their water." [WUWM 89.7, 7/20/22]
February 2022: Wisconsin Regulators Adopted PFAS Limits For Drinking And Surface Water But Declined To Set Standards For Groundwater Wells. According to WUWM 89.7, "The state Department of Natural Resources’ policy board adopted limits on PFAS in drinking and surface water in February. The board refused to impose limits for groundwater, leaving the chemicals unregulated in wells." [WUWM 89.7, 7/20/22]
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Midwest Environmental Advocates Warned Wisconsin Groundwater Standards Failed To Protect Private Well Users From PFAS Contamination
Midwest Environmental Advocates Warned Wisconsin’s PFAS Standards Did Not Protect Rural Residents Who Relied On Private Wells And Groundwater Sources. According to Midwest Environmental Advocates, "Do state and federal PFAS standards protect people whose drinking water comes from private wells? No. State and federal PFAS standards give customers of municipal water systems some measure of protection from PFAS pollution, but the standards do not protect rural residents who rely on groundwater from private wells. The lack of enforceable standards for PFAS in groundwater is an urgent public health issue that MEA is working to address." [Midwest Environmental Advocates, Archived 5/11/26]
Midwest Environmental Advocates Claimed Wisconsin Groundwater Standards Would Allow The DNR To Test For PFAS, Restrict Contamination, And Require Cleanup Efforts. According to Midwest Environmental Advocates, "What difference will groundwater standards make? Once statewide groundwater standards are established, the DNR will be able to test for PFAS as part of its groundwater monitoring system. The DNR will also be able to work with dischargers to comply with preventive action limits, prohibit activities causing an exceedance, and require cleanup where necessary." [Midwest Environmental Advocates, Archived 5/11/26]
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June 2025: Wisconsin Supreme Court Allowed Regulators To Require PFAS Cleanup Before Formal Hazardous Substance Designation
June 2025: Wisconsin Supreme Court Ruled The DNR Could Require Businesses To Test And Clean Up PFAS Contamination Before The Chemicals Were Formally Designated Hazardous Substances. According to WLUK, "That case involved Oconomowoc-based Leather Rich. Leather Rich became aware of PFAS contamination in 2018 and was working on cleaning it up when the DNR posted a message online in 2019 saying it now considered PFAS chemicals a hazardous substance. The agency ordered the dry cleaner to test its groundwater for PFAS but didn't tell the business which compounds it needed to test for or what levels would be considered dangerous. The company argued the DNR can't force businesses to test and clean up contamination from emerging pollutants like PFAS without first designating them as hazardous substances. That process can take years and requires approval from the Legislature. The court’s ruling said no state law required the DNR to implement a rule before requiring Leather Rich to begin cleaning up the site." [WLUK, 6/24/25]
¶ Wisconsin Pursued Legal Action Against Johnson Controls International And Tyco Over PFAS Contamination In Marinette
¶ Johnson Controls International Delayed Acknowledging PFAS Contamination Near Its Marinette Facility Before Claiming It Had “Done Everything We Can” To Address It
Investigate Midwest: Firefighting Foam Produced At Johnson Controls International’s Marinette Facility Contributed To PFAS Groundwater Contamination Linked To Training Sites Across The Country. According to Investigate Midwest, "Marinette is home to one of the oldest fire suppressor production companies, Ansul Co. It was founded in 1915 when the company produced cattle feed and specialty chemicals initially, and then began making fire suppressors in 1934. Ansul became a leader in the fire suppressor industry and their sprinkler systems can be found in ceilings across the world. The company merged with the publicly traded international conglomerate Johnson Controls International in 2016. The Ansul name and brand now exists as an arm of Tyco Fire Protection. A statement from the company said it employs about 800 employees in the Marinette region, making them one of the area’s largest employers. According to the Environmental Protection Agency, foam from firefighting training courses — the kind of foam made at JCI’s Marinette facility — held at airports and military bases across the country is a major contributor to groundwater contamination. The United States Military has been one of JCI’s largest customers for decades." [Investigate Midwest, 4/29/21]
Investigate Midwest: Johnson Controls International Found Elevated PFAS Levels Near Its Marinette Facility In 2013, But Did Not Acknowledge Contamination Beyond The Site Until 2017. According to Investigate Midwest, “JCI delayed for years its response to the PFAS contamination, according to the Milwaukee Journal-Sentinel. In 2013, the company found elevated levels of the chemicals surrounding its facility and then only acknowledged their spread beyond the Marinette facility in 2017." [Investigate Midwest, 4/29/21]
February 2021: Johnson Controls International Claimed It Had “Done Everything To Advance A PFAS Cleanup Plan Near Its Marinette Testing Facility After Submitting A 2,400-Page Remediation Proposal. According to Investigate Midwest, "At the end of February, JCI submitted a 2,400-page proposal to build a groundwater extraction and treatment system to remove groundwater contamination from affected wells in the area while also removing tainted soil along its outdoor testing facility. ‘Since identifying a municipal water line as the safest and most permanent solution, (JCI) has done everything we can to move the proposal forward,’ the company said in a statement. JCI’s statement said it has submitted plans to the state, started construction design, solicited public input, committed to funding technical expertise for Peshtigo and Marinette, and plans to alleviate any economic burden on the parties involved to provide affected residents with a permanent and sustainable drinking water solution as quickly as possible.” [Investigate Midwest, 4/29/21]
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Wisconsin Pursued Monetary Penalties And Cleanup Efforts Against Johnson Controls International And Tyco
2022: Johnson Controls International And Tyco Faced A State PFAS Lawsuit Seeking Monetary Penalties And Court-Ordered Cleanup Efforts After Contaminating Wisconsin Communities’ Water Sources. According to a press release from Wisconsin Attorney General Josh Kaul WisPolitics, “As part of this lawsuit, the State is seeking a monetary penalty from JCI and Tyco for violations of the hazardous substance spills law and injunctive relief requiring JCI and Tyco to complete an investigation and cleanup of the PFAS contamination at and around the Fire Technology Center.” [Press Release – Josh Kaul WisPolitics, 3/14/22]
March 2025: More Than 100 PFAS Contamination Cases Were Under Investigation Across Wisconsin, Including Pollution Linked To Farmland, Waterways, And Sewage Sludge. According to PBS Wisconsin, "PFAS, short for per- and polyfluoroalkyl substances, are a family of more than 12,000 compounds commonly found in consumer products like food wrappers, nonstick pans and raincoats along with firefighting foam used to smother hot blazes. Some are toxic. The chemicals pass through the waste stream and into sewage treatment plants, which commonly contract with farmers to accept processed sludge as fertilizer. Testing is now unearthing PFAS on cropland from Maine to Texas. Several hot spots are located in Wisconsin too, among the more than 100 PFAS-contaminated case files the DNR currently monitors." [PBS Wisconsin, 3/3/25]
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As Of 2025, Wisconsin Supreme Court Decision Allowed Wisconsin’s PFAS Lawsuit Against Johnson Controls And Tyco To Move Forward
June 2025: Wisconsin Supreme Court Ruling Allowed Wisconsin’s PFAS Lawsuit Against Johnson Controls And Tyco To Resume After The State Alleged The Companies Failed To Report And Clean Up Contamination In Marinette. According to WLUK, "A ruling by the Wisconsin Supreme Court Tuesday means a lawsuit regarding the PFAS situation at Tyco Fire Products is likely to resume, with the parties planning to meet next month on the case. In March 2022, the state Dept. of Justice filed the civil lawsuit, alleging Johnson Controls and Tyco Fire Products violated the state’s hazardous substance spills law. According to the complaint, the companies failed to notify the DNR of a PFAS discharge. It also states they failed to clean up contamination at and around the Fire Technology Center in Marinette. Tyco has denied the allegations. The lawsuit has been on hold, however, while a case with related issues worked its way through the court system. On Tuesday, the Wisconsin Supreme Court ruled that state regulators can force landowners to clean up emerging pollutants such as PFAS before they are officially designated as hazardous substances." [WLUK, 6/24/25]