Washington, D.C. — On December 15, Responsible Industry for a Sound Environment (RISE) and CropLife America filed a lawsuit against the City of Madison and Dane County, WI, demanding that ordinances banning the display, sale, or use of lawn fertilizers containing phosphorus be overturned.

Spokesmen for Madison Mayor Dave Cieslewicz and Dane County Executive Kathleen Falk said they will fight the suit, saying the ordinances will protect the health of Dane County lakes.

The separate city and county ordinances exempt new sod or seeded lawns, soil found to be deficient in phosphorous, parkland restoration and organic fertilizers such as Milorganite, a fertilizer made by the Milwaukee Metropolitan Sewerage District. The bans are set to take effect on January 1, 2005.

Allen James, president, RISE.

"The city of Madison and Dane County have overstepped their boundaries," said Allen James, president of RISE. "If we allow these bans to be instituted, we are completely ignoring preemption and what it stands for. Our products have been tested, retested and registered by the federal and state governments for safety. As the industry representative, it is up to us to stand up for our companies."

RISE contends that research from the University of Wisconsin Turfgrass Research Center has proven that healthy, dense grass fertilized with phosphorus limits runoff to almost nothing, whereas unfertilized turf can contribute 40% more phosphorus in runoff. That research showed dog waste and goose waste contribute significantly more phosphorus to runoff than turf fertilizers.

This litigation marks the first time RISE has stepped into the court room as a plaintiff to defend the rights of industry members. Other plaintiffs include:

• the Wisconsin Fertilizer and Chemical Association;
• the Midwest Hardware Association;
• the Wisconsin Landscape Federation;
• Berry Hill Farms, Cottage Grove, WI;
• Landmark Services Cooperative, Cottage Grove, WI;
• Keyman Lawn Care, Verona, WI; and
• Midwest Lawn Care, Middleton, WI.

More info:

"Suit Seeks To Overturn Lawn Fertilizer Ban," Capitol Times (Madison, WI), December 16, 2004.

"Lawsuit Challenges Fertilizer Rules," Wisconsin State Journal, December 16, 2004.