Wisconsin appeals court says regulators must develop PFAS restrictions before mandating clean-up
Associated PressMADISON, Wis. — 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 reporting PFAS contamination in groundwater and force responsible parties to clean it up. “This decision would dramatically weaken our ability to protect Wisconsinites from PFAS and other emerging contaminants.” PFAS, the abbreviation for perfluoroalkyl and polyfluoroalkyl substances, are man-made chemicals that don’t easily break down in nature. Leather Rich was working on clean-up with DNR oversight in early 2019 when the agency posted a message online saying that it now considered PFAS chemicals a hazardous substance under the Spills Law.