Wisconsin appeals court says regulators must develop PFAS restrictions before mandating clean-up

Environmental regulators can’t unilaterally force polluters to clean up contamination from so-called forever chemicals without going through the Legislature to establish specific limits on the compounds, a state appellate court ruled Wednesday.

The 2nd District Court of Appeals’ decision all but eliminates the Department of Natural Resources’ authority to unilaterally mandate polluters and landowners report and clean up PFAS contamination in groundwater. If the decision stands, the DNR will now wait for legislators to impose groundwater limits on PFAS through state law or an administrative rule. Both approaches can take years. Environmental advocates also fear that the ruling could slow the DNR’s response to other emerging forms of pollution.

The state Justice Department represented the DNR in the case. Attorney General Josh Kaul said the agency will ask the state Supreme Court to review the decision.

“Safe and clean drinking water shouldn’t be a luxury. It should be accessible to every Wisconsinite,” Kaul said. “This decision would dramatically weaken our ability to protect Wisconsinites from PFAS and other emerging contaminants.”

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