A lawyer who was admonished by the Minnesota Supreme Court in 2020 after targeting hundreds of businesses for allegedly failing to comply with the Americans with Disabilities Act now has a new crusade: water pollution.
This time Patrick Michenfelder is suing, or threatening to sue, Midwestern cities and businesses — many of them in Minnesota — in federal court for violating the Clean Water Act, when the discharge pumped from their wastewater treatment plants exceeds pollutant limits.
The small city of Lanesboro, whose new wastewater treatment plant came on line this fall, paid $52,000 last year rather than spend more contesting a suit filed against it by the St. Michael law firm of Throndset Michenfelder. That's money that could have been spent fixing sewer lines and roads, said Lanesboro City Administrator Michele Peterson.
"It's frustrating," Peterson said. "We're a small community and infrastructure is huge, and there's not a lot funding for it."
Lanesboro was targeted in a string of Clean Water Act citizen enforcement actions underway by Throndset Michenfelder, a campaign that is steadily gaining the attention of lawmakers.

The St. Michael law firm has been taking permit holders to task for documented violations of their federal National Pollutant Discharge Elimination System permits, which allow them to pump treated wastewater back into the environment. According to the firm, each day that discharged water exceeds the limit on a pollutant counts as a violation under the law, and courts take that into consideration when fixing penalties.
The question: Is Throndset Michenfelder just doing environmental ambulance chasing, or undertaking valuable private citizen enforcement actions sanctioned under a bedrock federal law?
Either way, frustrated officials in at least two Minnesota cities — Hinckley as well as Lanesboro — have settled suits to avoid a costly court battle.