MADISON, Wis. – In a landmark decision, the Wisconsin Supreme Court has delivered a significant win for environmentalists in the ongoing battle against “forever chemicals” known as PFAS. The ruling mandates that state regulators can compel landowners to address pollutants like PFAS even before they are officially classified as hazardous substances.
Breaking: Court Decision on PFAS Accountability
The court’s 5-2 decision is a setback for Wisconsin’s influential business and manufacturing lobby, which had contended that regulations should not apply to substances not yet designated as hazardous. The ruling is a pivotal moment in the protracted conflict involving regulators, environmentalists, politicians, and businesses over PFAS contamination.
Immediate Impact
This decision emerges as cities across Wisconsin, including Madison, Marinette, La Crosse, and Wausau, confront the pervasive issue of PFAS contamination. These chemicals, used in products ranging from nonstick cookware to firefighting foams, are notorious for their persistence in the environment and potential health risks, such as cancer and liver disease.
PFAS, or perfluoroalkyl and polyfluoroalkyl substances, have been linked to numerous health concerns, including low birth weight and cancer.
Key Details Emerge from the Case
The case was initiated by Wisconsin Manufacturers & Commerce on behalf of Leather Rich, a dry cleaning business in Oconomowoc. Leather Rich discovered PFAS contamination in 2018 and was subsequently ordered by the Department of Natural Resources (DNR) to test its groundwater. The business challenged the DNR’s authority, arguing that such enforcement required legislative approval.
A Waukesha County judge and the state appeals court initially sided with Leather Rich. However, the DNR appealed, asserting that the lower court’s ruling would undermine the state’s “spills law,” a crucial environmental protection measure enacted nearly 50 years ago.
Industry Response
Democratic Governor Tony Evers and environmental advocates have praised the court’s decision. Gov. Evers described it as “a historic victory for the people of Wisconsin and my administration’s fight against PFAS and other harmful contaminants.”
“This ruling reinforces a bedrock environmental and public health protection that has kept Wisconsinites safe from toxic contamination for almost fifty years,” said Rob Lee, attorney for Midwest Environmental Advocates.
Conversely, Scott Manley, a vice president at Wisconsin Manufacturers & Commerce, criticized the ruling for leaving businesses uncertain about what is considered hazardous, potentially exposing them to “crushing fines and endless, costly litigation.”
By the Numbers
- 5-2: The court’s ruling margin.
- 50 years: Duration of Wisconsin’s “spills law.”
- Two-thirds: Proportion of Wisconsin residents relying on groundwater for drinking water.
What Comes Next
Federal regulators have already set national standards for PFAS in drinking water, although the Trump administration previously indicated plans to relax these limits. Wisconsin has imposed less stringent limits on PFAS in surface and drinking water but has yet to establish standards for groundwater, a critical source for the majority of the state’s residents.
The decision could set a precedent for other states grappling with similar issues, potentially influencing national policy on emerging pollutants. As the legal landscape evolves, stakeholders will continue to navigate the complexities of environmental regulation and public health protection.
With the court’s ruling, Wisconsin’s regulatory framework is poised to address PFAS contamination more robustly, ensuring that environmental and public health concerns remain at the forefront of state policy.
