Read the full article by Henry Redman (Wisconsin Examiner)
“In a 2-1 decision a state appeals court on Wednesday affirmed a previous Waukesha County court decision which found that PFAS can’t be regulated under Wisconsin’s spills law.
The majority decision, from two conservative judges, found that the Wisconsin Department of Natural Resources (DNR) regulation of PFAS contamination under the spills law — a decades-old law that provides the DNR with the authority to enforce the cleanup of environmental contamination — amounted to ‘unlawfully adopted rules.’
The initial lawsuit was filed, with the backing of Wisconsin Manufacturers and Commerce, the state’s largest business lobby, by the owners of a Waukesha County dry cleaning business who were required by the DNR to test for PFAS contamination on their property.
In their decision, Judges Shelley Grogan and Maria Lazar found that if the DNR wanted to regulate PFAS, or any other ’emerging contaminant’ under the spills law, the agency would have to promulgate a rule to do so.” …