The Wisconsin Supreme Court has issued a significant ruling favoring environmentalists in the ongoing battle over PFAS, a group of persistent industrial chemicals. The court’s decision allows state regulators to compel landowners to address contamination from emerging pollutants like PFAS, even before these chemicals are officially classified as hazardous substances.
With a 5-2 ruling, the decision marks a setback for Wisconsin’s influential business and manufacturing lobby, which contended that regulatory actions should only apply to officially recognized hazardous substances. This ruling is a critical juncture in the prolonged debate over PFAS contamination, a contentious issue among policymakers, environmental advocates, and industry groups both within Wisconsin and across the United States.
The PFAS Challenge
PFAS, or perfluoroalkyl and polyfluoroalkyl substances, have become a widespread environmental concern, affecting numerous cities in Wisconsin, including Madison, Marinette, La Crosse, and Wausau. These chemicals have been utilized for decades in various products, such as nonstick cookware, firefighting foams, and water-resistant clothing. Despite their utility, PFAS are known for their persistence in the environment and potential health risks, including cancer and liver disease.
The Legal Battle in Wisconsin
The case that brought this issue to the forefront involved Wisconsin Manufacturers & Commerce, representing a dry-cleaning business, Leather Rich, based in Oconomowoc. After discovering PFAS contamination in 2018, Leather Rich was instructed by the Department of Natural Resources (DNR) to test its groundwater. However, the business challenged the DNR’s authority, arguing that without legislative designation of PFAS as hazardous, such enforcement was inappropriate.
Initially, lower courts sided with Leather Rich, but the DNR’s appeal led to the Supreme Court’s decision, which emphasized the state’s “spills law.” This law, designed to address pollution effectively, mandates that any party responsible for releasing hazardous substances must undertake cleanup efforts.
Supreme Court’s Ruling
Justice Janet Protasiewicz, writing for the majority, affirmed the DNR’s authority to enforce cleanup actions under the spills law, stating, “Wisconsin’s Spills Law safeguards human health and the environment in real time by directly regulating parties responsible for a hazardous substance discharge.” The court’s decision was supported by both liberal justices and conservative Justice Brian Hagedorn, with two conservative justices dissenting.
The ruling has been welcomed by Governor Tony Evers and environmental groups, who view it as a milestone in addressing PFAS contamination. Rob Lee from Midwest Environmental Advocates heralded the decision as reinforcing crucial environmental protections. Conversely, Scott Manley from Wisconsin Manufacturers & Commerce criticized the ruling as imposing undue burdens on businesses.
Regulatory Landscape for PFAS
At the federal level, regulations on PFAS in drinking water were introduced last year, though efforts to relax these standards have been considered. Wisconsin has established certain limits for PFAS in surface and drinking water, yet standards for groundwater, a primary drinking source for many residents, remain undeveloped due to cost concerns.
As this legal and environmental battle continues, the implications of the Supreme Court’s decision will likely influence both state and national approaches to managing PFAS and similar pollutants.
