Wisconsin Supreme Court to Decide DNR's Authority Under the Spills Law

by Emeil Marks

The Wisconsin Supreme Court is set to rule on a pivotal case that could redefine the state's approach to environmental regulation, particularly concerning per- and polyfluoroalkyl substances (PFAS). The case, Wisconsin Manufacturers & Commerce (WMC) v. Wisconsin Department of Natural Resources (DNR), centers on whether the DNR can mandate cleanup of hazardous substances like PFAS without first classifying them through formal rulemaking.

In 2021, WMC and Leather Rich, Inc., a dry-cleaning business, sued the DNR after being directed to test for PFAS contamination. They argued that the DNR lacked the authority to enforce such requirements without officially designating PFAS as hazardous substances through the state's rulemaking process. Both the Waukesha County Circuit Court and the District II Court of Appeals sided with WMC, asserting that the DNR must follow formal procedures before enforcing cleanup mandates for substances not explicitly listed as hazardous.

Wisconsin's Spills Law, enacted in 1978, empowers the DNR to oversee the cleanup of hazardous substance discharges. The law defines hazardous substances broadly, considering factors like quantity, concentration, and toxicity. However, the recent court decisions have introduced ambiguity regarding the DNR's ability to act on emerging contaminants like PFAS without predefined rules.

The outcome of this case holds significant implications for environmental regulation in Wisconsin. A ruling in favor of WMC could limit the DNR's capacity to address contaminants promptly, potentially delaying responses to environmental hazards. Conversely, a decision supporting the DNR's current practices would affirm the agency's authority to act swiftly in protecting public health and the environment.

As the state awaits the Supreme Court's decision, the case underscores the ongoing debate between regulatory authority and procedural requirements in environmental protection efforts.

By Emeil Marks, President 

“State Appeals Court Upholds Ruling that DNR Lacks Broad Authority to Regulate PFAS,” Wisconsin Public Radio, www.wpr.org/news/state-appeals-court-upholds-ruling-dnr-lacks-authority-regulate-pfas?utm_source=chatgpt.com.

 “Wisconsin Supreme Court Calendar and Case Synopses January 2025,” Wisconsin Court System, https://www.wicourts.gov/sc/orasyn/DisplayDocument.pdf?content=pdf&seqNo=898247&utm_source=chatgpt.com.