MADISON, Wis. – In a significant legal development, the Wisconsin Supreme Court has ruled in favor of environmentalists in the ongoing battle over “forever chemicals” known as PFAS. The decision, delivered on Tuesday, empowers state regulators to compel landowners to address these pollutants even before they are officially classified as hazardous substances.
Immediate Impact: A Legal Win for Environmentalists
The court’s 5-2 ruling represents a setback for the state’s influential business and manufacturing sectors, which argued against regulatory actions on substances lacking official hazardous designation. This decision marks a pivotal moment in the protracted struggle involving regulators, environmental advocates, and industry representatives over PFAS contamination.
Justice Janet Protasiewicz, writing for the majority, emphasized the court’s stance: “Wisconsin’s Spills Law safeguards human health and the environment in real time by directly regulating parties responsible for a hazardous substance discharge.”
The PFAS Problem: A Statewide Concern
Cities across Wisconsin, including Madison, Marinette, La Crosse, and Wausau, are grappling with PFAS contamination. These chemicals, used for decades in various industries, persist in the environment and pose significant health risks, including low birth weight, cancer, and liver disease.
PFAS, or perfluoroalkyl and polyfluoroalkyl substances, are known for their durability and resistance to breaking down, leading to widespread environmental and health concerns.
Key Details Emerge: The Wisconsin Case
The ruling stems from a case 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 DNR to test its groundwater. The business contended that such orders should only follow the formal hazardous designation process.
The court, however, sided with the DNR, reinforcing the agency’s authority under the state’s “spills law” to mandate cleanups without prior legislative approval.
Industry Response: Concerns and Criticisms
Scott Manley, a vice president at WMC, expressed concerns over the ruling’s implications for businesses and homeowners, describing it as “fundamentally unfair, unworkable, and impossible to comply with.”
Manley warned that the decision could lead to “crushing fines and endless, costly litigation” due to the ambiguity surrounding what constitutes a hazardous substance.
By the Numbers: Regulatory Landscape
- Federal regulators imposed national PFAS standards in drinking water last year.
- Wisconsin has set less restrictive PFAS limits for surface and drinking water.
- Approximately two-thirds of Wisconsin residents rely on groundwater, yet the state has not established PFAS standards for this source.
What Comes Next: Future Implications
The ruling is expected to bolster environmental protections and accountability measures for polluters. Democratic Gov. Tony Evers hailed the decision as “a historic victory for the people of Wisconsin and my administration’s fight against PFAS and other harmful contaminants.”
Environmental advocates, including Rob Lee from Midwest Environmental Advocates, view the ruling as a reinforcement of longstanding safeguards against toxic contamination.
Looking ahead, the decision may influence ongoing national debates over PFAS regulation, as states grapple with implementing effective measures to address contamination.
