The state Supreme Court today ruled that the DNR doesn’t have to identify PFAS and other contaminants as hazardous materials before responsible parties must take steps to clean up the pollution.
In the 5-2 decision, the court ruled the agency doesn’t need to promulgate rules identifying every substance, including its quantify and concentration, that qualifies as hazardous before requiring those responsible to comply with the state’s “Spills Law.”
Conservative Justice Brian Hagedorn joined the court’s four liberals in the majority.
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The decision comes after the conservative 2nd District Court of Appeals in March upheld 2-1 a Waukesha County judge’s finding that DNR can’t require cleanup of hazardous materials, including PFAS, under the state’s Spills Law because the agency failed to properly go through the rulemaking process.
The Spills Law establishes DNR’s authority to require those responsible for hazardous contamination to immediately report it and take action to restore the environment.
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