Madison, WI – Representative Rob Swearingen (R–Rhinelander) issued the following statement in response to the Wisconsin Supreme Court’s decision to grant the Department of Natural Resources (DNR) authority to force PFAS cleanups without going through the Legislature or administrative rulemaking:
“This ruling is a massive overstep. It bypasses the legislative process and opens the door for unelected bureaucrats to unilaterally impose penalties on landowners who had nothing to do with the presence of PFAS on their property,” said Rep. Swearingen. “Northern Wisconsin families, farmers, and small business owners deserve clear protections—not threats from an agency acting without oversight.”
The court’s 5–2 decision allows DNR to compel cleanup of PFAS contamination even when the chemicals have not been formally designated as hazardous substances through rulemaking. This creates uncertainty for landowners and gives DNR broad discretion to act without standards, process, or transparency.
Rep. Swearingen is a co-author of Assembly Bills 130 and 131, which are designed to protect innocent landowners from liability related to PFAS contamination. The legislation creates an Innocent Landowner Grant Program and provides clear exemptions from enforcement under Wisconsin’s spills law for property owners who did not cause the contamination on their land. These measures offer a fair and consistent framework for addressing PFAS impacts without punishing those who were not responsible.
“We’re working to enact clear statutory protections that ensure innocent landowners are not punished for something they didn’t cause. The Supreme Court just moved in the opposite direction,” Swearingen said.
