The WMC Litigation Center filed this lawsuit on behalf of two small-business owners, Ralph and Mary Ruffolo, in June 2023. When the Ruffolos did an environmental assessment before trying to sell their bicycle and skateboard shop in Kenosha, they discovered some underground petroleum contamination that had been left behind by a gas station that occupied this property until the 1960s. Upon learning of this contamination, the Wisconsin Department of Natural Resources (DNR) sent a letter to Ralph, stating that he is liable for cleaning up this contamination. After spending a large amount of money on cleanup efforts with no end in sight, the Ruffolos had no other option but to sue DNR. In this lawsuit, the WMC Litigation Center argues that Wisconsin’s Spills Law does not impose liability on innocent landowners like the Ruffolos—and if it does, this innocent-landowner liability is unconstitutional.
This lawsuit was filed in state court, but the DNR transferred it to federal court. The WMC Litigation Center is trying to return this case to state court.
