Alliant Energy officials said they are prepared to investigate allegations from a lawsuit filed by an environmental group in conjunction with some University of Wisconsin students.

This past week the Wisconsin Environmental Law Advocates informed the Madison-based utility company and other owners of a power plant near Portage, Wis., of their plan to take legal action for alleged violations of the federal Clean Water Act.

However, UW law professor Richard Heymann said Alliant Energy is probably not fazed by the action, since utilities generally have as many employees who work to clear up alleged violations and comply with the Clean Water and Air Acts as they have other employees.

“Utilities are heavily regulated … almost literally everything they do is in constant review,” Heymann said in a phone interview. “This is not a surprise to [Alliant]; it’s in the nature of what they do.”

WELA is a Madison-based group that consists of primarily UW students. Their charge identifies 3,809 alleged violations and asks for $37.5 million in compensation.

The charges allege that the Columbia Generating Plant 2,621 times exceeded the allowable amount of hazardous substances in discharged water and that the discharge had a pH level violating the Clean Water Act. The letter sent to Alliant Thursday also accused the plant of more than 1,000 incidents of failing to comply with monitoring and reporting requirements set out by the act. The possible fine of $37.5 million was calculated by charging $27,500 for each day the facility was open while in violation of the act.
Chris Schoenherr, spokesman for Alliant Energy, said the company’s stance on the issue was to look into the issues cited by WELA.

“We take all that very seriously,” Schoenherr said, adding that he has not heard of any direct contact with the nonprofit organization since Alliant received the letter detailing the charges. Schoenherr went on to say Alliant will investigate those concerns voiced but that Alliant exercises great reverence toward the environment and the company’s “record shows that.”

Brent Denzin, WELA executive board member and UW law student, said he did not suspect Alliant’s commitment to environmental standards.

“I don’t doubt the fact [Alliant] want[s] to be environmental,” he said, adding that the lawsuit would serve as an “eye-opener” to the utility.

WELA gave the required 60-day notice before bringing formal charges, after studying violations for the last five years, Denzin said. Even though Denzin said he considers the plant to be breaking the law, his major concern is not the money.

“Essentially, [Alliant] would pay the state $37 million,” he said, adding that in any case, Alliant probably would not have to pay that amount. “Even though I’m concerned of their polluting of the last five years, I’m more concerned by the next five years.”

Denzin said he believes Alliant should negotiate with WELA to find a way for Alliant to be held accountable sooner for not reporting their dumping of polluted water.

Denzin feels an important thing to come out of this action is the understanding that citizens possess the power to hold corporations accountable.

“The government can’t do everything for you,” he stressed. “I think the important thing is that other citizens can get involved, too.”

Heymann said the Clean Water Act allowed citizens to sue companies, and this type of court battle is not foreign to public utilities.

He also noted it is not unusual for students to get involved in environmental issues related to power utilities because authorities are understaffed and because the time commitment required to uncover violations is often too much for lawyers.