The Wisconsin Supreme Court issued a significant ruling favoring environmentalists in their ongoing struggle against PFAS, often referred to as “forever chemicals.” The decision, made on Tuesday, allows state regulators to require landowners to address PFAS pollution even before these substances are officially designated as hazardous. This decision marks a victory for advocates who argue for holding polluters accountable for environmental contamination.
In a 5-2 decision, the court sided against the major business and manufacturing organizations within the state, who contended that regulations on substances deemed hazardous could only be applied post-designation. This ruling becomes another chapter in the protracted battle regarding PFAS regulation, which involves environmentalists, policymakers, and businesses both within Wisconsin and across the country.
PFAS, also known as perfluoroalkyl and polyfluoroalkyl substances, are a longstanding group of synthetic chemicals that now permeate air, water, and soil across American cities, including Wisconsin locales like Madison, Marinette, and Wausau. Historically used for their nonstick and water-resistant properties in various consumer products, PFAS are notoriously difficult to break down, persisting in both the environment and human bodies. Exposure to these chemicals has been linked to several health issues, including cancer and liver disease.
The case that reached the Wisconsin Supreme Court began when Wisconsin Manufacturers & Commerce, representing a dry-cleaning business named Leather Rich in Oconomowoc, filed a suit against the state Department of Natural Resources (DNR) in 2021. The conflict arose when Leather Rich discovered PFAS contamination in 2018 but was later mandated by the DNR to conduct groundwater tests for PFAS, despite PFAS not being categorized as hazardous at the time. Leather Rich challenged the legality of these requirements, arguing that such mandates could only be imposed after formal hazardous designation, a process requiring legislative involvement and potentially taking years.
Both a Waukesha County judge and a state appeals court initially ruled in favor of Leather Rich. However, the DNR appealed, stressing the importance of the state’s “spills law,” which urges immediate action on hazardous substances found in the environment. This law, established around fifty years ago, mandates clean-up efforts by those responsible for releasing hazardous substances.
In the ruling, Justice Janet Protasiewicz emphasized that Wisconsin’s Spills Law grants the DNR authority to address hazardous substance discharges directly. She clarified that the agency did not need to establish new regulations before initiating clean-up orders against the dry-cleaning establishment. The majority opinion included support from four liberal justices along with conservative Justice Brian Hagedorn, while conservative Justices Annette Ziegler and Rebecca Bradley dissented, viewing the decision as an overreach lacking adequate oversight.
The decision received praise from Democratic Governor Tony Evers and environmental groups, viewing it as an essential step toward combating PFAS contamination. Governor Evers characterized it as a landmark victory for Wisconsin residents and environmentally conscious governance. Midwest Environmental Advocates’ attorney, Rob Lee, praised the decision for bolstering long-standing environmental and public health safety legislation. Conversely, Scott Manley from Wisconsin Manufacturers & Commerce criticized the ruling, expressing concerns over potential unfair regulatory burdens and legal difficulties for businesses and homeowners.
Nationally, PFAS have been subject to increasing regulatory scrutiny. Although the Trump administration intended to relax newly established federal PFAS standards in drinking water, efforts in Wisconsin to impose groundwater regulations were halted due to cost concerns. While the state imposes specific limits on PFAS in public and noncommunity drinking water systems, decisions on groundwater standards remain pending, impacting the majority of Wisconsin residents who rely on it for drinking water.