Wisconsin Supreme Court hands big win to environmental advocates in PFAS lawsuit
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Wisconsin Supreme Court hands big win to environmental advocates in PFAS lawsuit
5-2 ruling upholds one of the DNR’s primary means of protecting the environment. DNR has used the spills law to help residents in dozens of Wisconsin communities where drinking water is contaminated by PFAS.PFAS are a group of chemicals found in nonstick cookware, firefighting foams and other manufacturing products. These so-called forever chemicals don’t break down easily in the environment and have been linked to health issues such as cancer and birth defects.“This is a historic victory for the people of Wisconsin,” Democratic Gov. Tony Evers said. “What the D NR has been doing in our community and in other communities around the state, their authority will be reaffirmed, and they can continue to do that,’” Doug Oitzinger, a clean water advocate and Marinette alderman, said.‘The people are entitled to know what the law requires of them before the government can subject them to the regulatory wringer’
The 5-2 ruling upholds one of the DNR’s primary means of protecting the environment in a major win for environmental advocates as well as residents who are receiving bottled water and filtration systems from companies responsible for contaminating their water with PFAS.
“Wisconsin’s spills law safeguards human health and the environment in real time by directly regulating parties responsible for a hazardous substance discharge,” Justice Janet Protasiewicz wrote for the majority. “Responsible parties must, on their own initiative, immediately report a discharge to the DNR, restore the environment to the extent practicable, and minimize the harmful effects on our air, lands and waters.”
The court’s three other liberal justices joined in that ruling, and swing Justice Brian Hagedorn issued a concurring opinion.
Wisconsin Manufacturers and Commerce, the state’s largest business lobbying group, and a dry-cleaning business with PFAS on its property sued the DNR in 2021 over its enforcement of the state’s spills law, which requires polluters to report any discharged substances that could harm people or the environment and gives the DNR the authority to enforce cleanup.
WMC and Leather Rich Inc. argued that since the DNR has not established clear rules defining which substances are hazardous and in what amounts, the agency is improperly and arbitrarily enforcing the law.
“This case is about whether the people are entitled to know what the law requires of them before the government can subject them to the regulatory wringer. The majority leaves the people at the mercy of unelected bureaucrats empowered not only to enforce the rules, but to make them,” conservative Justice Rebecca Bradley wrote in a dissenting opinion.
A spokesperson for WMC did not immediately respond to a request for comment on Tuesday.
“This is a historic victory for the people of Wisconsin and my administration’s fight against PFAS and other harmful contaminants that are affecting families and communities across our state,” Democratic Gov. Tony Evers said.
PFAS, or per- and polyfluoroalkyl substances, are a group of chemicals found in nonstick cookware, firefighting foams and other manufacturing products. These so-called forever chemicals don’t break down easily in the environment and have been linked to health issues such as cancer and birth defects.
The DNR argued that the Legislature intentionally wrote the spills law, which was passed in 1978, to give the agency broad authority to hold polluters accountable anytime a spill poses a threat to people or the environment.
The DNR has used the spills law to help residents in dozens of Wisconsin communities where drinking water is contaminated by PFAS. For instance, manufacturing company Tyco Fire Products, a subsidiary of Johnson Controls International, has been providing bottled water and other assistance to residents in the Peshtigo-Marinette area after the company used firefighting foams containing PFAS for decades at a nearby fire research center.
“What the DNR has been doing in our community and in other communities around the state, their authority will be reaffirmed, and they can continue to do that,” Doug Oitzinger, a clean water advocate and Marinette alderman, said.
Tuesday’s ruling bolsters the DNR’s position as it continues fighting to require Tyco to take additional steps to clean up PFAS, as well as take responsibility for a larger area of contamination.
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