Every lake, stream and river in Wisconsin has a mercury advisory for the fish. News 3's Linda Eggert reports on what is -- and isn't -- being done about the problem.

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Mercury Rising, Part. 2: What's Being Done?

In Part I of this special News 3 investigation, Eggert reported about a new state study that -- so far -- shows one in five residents have unsafe levels of mercury. People can get it by eating contaminated fish.

Mercury is so toxic, even mercury thermometers are banned here; yet, U.S. electric utilities have been free to emit mercury into the air --unregulated, until now.

Federal rules are in the works, but News 3 finds they could still leave Wisconsin residents at risk.

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For nature lovers, anglers and tourism businesses, the unthinkable is happening. Toxic mercury, much of it from from coal-fired power plants, is raining down on America's lakes and rivers -- turning even more toxic and poisoning the fish.

"It is important because people want to be able to catch and eat fish, not just catch them have to release them," said Lloyd Eagan of Wisconsin DNR's air management.

Mercury tests on Wisconsin fish have prompted consumption warnings on every lake and river in the state. The contamination threatens Wisconsin's billion-dollar-a-year recreational fishing industry and its people.

In adults, mercury can damage the brain, nervous system, fertility and organs. In developing fetuses, the neurotoxin is even more dangerous. ( CDC Info On Mercury In Humans )

Yet the EPA says every year more than 600,000 babies are born at risk for a host of problems.

"One out of every six American women has so much mercury in her womb, that her children are at risk for a grim inventory of diseases, including autism, blindness, mental retardation, heart, liver and kidney disease," said nationally respected environmental pollution lawyer, Robert F. Kennedy, Jr., an environmental pollution attorney for the Natural Resource Defense Council.

But News 3 finds Wisconsin working to cut the risk. Last month it became one of three states to start regulating mercury emissions from coal burning power plants.

NEWS 3 INVESTIGATION: MERCURY RISING Part I Part II FREE TESTING Wis. Mercury Study Volunteers Wanted -- Statewide Free Mercury Exposure Assessment Call: (866) 236-3461 Wisconsin Mercury Assessment Study RESOURCES DNR Fish Consumption Advice Natural Resources Defense Council - independent look at effects of pollution EPA: Mercury info EPA: Advice On Eating Fish

Three years in the making, the DNR rule requires the state's four largest utility companies to cut their mercury pollution 40 percent by 2010, including:

75 percent by 2015

And if possible, 80 percent by 2018

The DNR and environmental groups say it's a good start that will help.

"When you do see a reduction in mercury going into the environment, you will see an improvement in the mercury levels in fish," Eagan.

"What we're trying to do is get a workable solution to make some first steps towards reducing the amount of mercury," said Mark Redsten of Clean Wisconsin.

But News 3 has learned despite the effort, things here could get worse -- not better. That's because the state's utilities agreed to back the state mercury rule -- only if a pending federal one would replace it.

The federal rule is due out in march.

Like other utilities, the Madison-based Alliant Energy says mercury emissions know no boundaries, so it's a better way to go.

"Alliant Energy thinks a federal rule is something that allows all utilities to be on the same playing field, and will allow Wisconisn lakes to become much cleaner than if we were to become kind of stand alone," said Scott Smith, Communications Director for Alliant.

But many environmental groups and air experts disagree. An unprecedented 600,000 people have written the EPA, protesting its set of mercury proposals ... as too little, too late.

"We're absolutely concerned and people need to pay attention -- this is very important and the federal rules as slated now are much weaker than what we have here in Wisconsin," Redsten said.

DNR officials say none of the EPA's three strategies does enough to protect public health and could leave Wisconsin utilities and others upwind having to cut little or no mercury at all.

They also say nothing could get done nationwide because the federal rule will likely be challenged in court.

"It doesn't seem to be legal ... in terms of how the clean air amendments are established," Eagan said.

Kennedy claims that ... was deliberate.

In an exclusive News 3 interview, Kennedy charges the Bush adminstration has let industry campaign contributors write the rules.

"In truth, the industry lawyers who wrote this new regulation wove in so many loopholes that the industry will be able to challenge the regulation forever -- and they may in fact be able to get it declared, declared...illegal," said Kennedy, who is president of Riverkeeper alliance.

EPA officials have admitted some sections of their rules, were taken from memos put forth by industry lawyers. But agency officials say it was just a snafu and denies any collusion with the utilities.

What Can You Do?

The official public comment period on the federal rule is closed, but you can still send comments using links to your right.