AG Kaul Announces Judgment Requiring $90,000 Penalty for Alleged Excess Emissions and Other Air Pollution Violations

Dec 9 2021

MADISON, Wis. – Attorney General Josh Kaul announced today an agreement with Kerry, Inc., dba Red Arrow Products (Kerry), requiring it to pay a $90,000 penalty for alleged violations of the state’s air pollution control laws at Kerry’s Rhinelander facility, where it produces liquid smoke. Kerry is a multinational company with several locations in Wisconsin.


“Our air pollution laws protect clean air and people’s health,” said Attorney General Kaul. “Facilities must ensure that they’re complying with those laws and preventing unlawful pollution.”


The State’s complaint alleges eight violations against Kerry, including exceedances of a public health-based standard for particulate matter emissions, failure to construct an air pollution source in accordance with state approval, and failure to maintain required records.


The agreement requires Kerry to pay $90,000 in forfeitures, surcharges, and court costs. Since the alleged violations occurred, Kerry has also invested in and implemented facility upgrades to avoid ongoing violations.


Assistant Attorney General Tressie K. Kamp represented the State. DOJ worked closely with DNR to obtain this result. The Order for Judgment was signed by Oneida County Circuit Court Judge Michael H. Bloom on December 1, 2021.


Because this agreement was reached prior to the commencement of a civil action, requirements of 2017 Wisconsin Act 369 do not apply.