The column below reflects the views of the author, and these opinions are neither endorsed nor supported by WisOpinion.com.
On Tuesday, June 24, the Wisconsin Supreme Court issued a ruling that should send shivers down the spine of every Wisconsin property owner, farmer, and business leader. In a 5-2 decision, the Court sided with the Department of Natural Resources in a case involving PFAS contamination—a case that fundamentally shifts how state agencies can wield power over our citizens and economy.
The facts sound simple: the DNR ordered an Oconomowoc dry cleaner to clean up PFAS contamination. But here’s the crucial point—at the time, Wisconsin had no formal, legally adopted rules setting PFAS standards. Instead, the DNR relied on informal guidance it posted on its website and letters it sent to businesses. That is not the same as law.
Justice Janet Protasiewicz, writing for the majority, said the DNR didn’t have to go through the formal rulemaking process to impose cleanup demands. In other words, bureaucratic letters and online advisories now suffice to place costly, binding obligations on property owners—even without official rules passed through the proper legislative channels.
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Conservative Justice Rebecca Bradley sounded the alarm in her dissent. She warned that this ruling “leaves the People at the mercy of unelected bureaucrats empowered not only to enforce the rules, but to make them.” She’s right. This case isn’t merely about environmental protection. It’s about the rule of law and the constitutional principle that only the Legislature—not unelected agencies—writes our laws.
Consider the consequences. A property owner who buys land or runs a business is entitled to know what the law requires. Rules must be clear, public, and adopted through transparent procedures that allow public input and legislative oversight. Under this ruling, that certainty evaporates. Instead, agencies like the DNR can impose significant legal and financial burdens based on informal guidance documents, letters, or website postings—none of which have gone through the checks and balances of rulemaking.
The stakes are especially high for PFAS, so-called “forever chemicals,” which are complicated, emerging contaminants. Businesses and property owners deserve clear standards, not surprise mandates that appear in agency mailings. While environmental protection matters, so too does due process and the right to fair notice of the laws that govern us.
Environmental advocates celebrate this ruling, claiming it preserves public health protections. But Wisconsinites should ask: at what cost? Are we willing to grant unelected officials open-ended power to create de facto laws without legislative approval? Today it’s PFAS. Tomorrow it could be any other regulatory target, with no limit to what agencies might demand.
Thankfully, legislation is already in the works to help protect innocent property owners from the fallout of this decision. Senate Bill 127, and the companion bill, Assembly Bill 130, authored by Senator Eric Wimberger (R-Oconto) and Representative Jeff Mursau (R-Crivitz), aims to shield property owners from liability for cleaning up PFAS contamination they did not cause. Under SB 127, individuals and businesses who did not manufacture, use, or knowingly discharge PFAS would not automatically be on the hook for costly cleanups simply because the chemicals are found on their land.
This bill is crucial in a regulatory environment where the DNR now feels empowered to demand cleanups without formally adopted rules. SB 127 provides a measure of fairness and legal certainty, ensuring that property owners aren’t punished for contamination they didn’t create—a principle that seems more vital than ever in the wake of this ruling.
As a member of the Wisconsin State Assembly, I believe we must act to restore proper checks on agency power and protect innocent property owners. Justice Bradley’s dissent is a warning we cannot ignore. The Legislature—not agencies—must decide what the law requires. Otherwise, property owners and business leaders will forever be looking over their shoulders, wondering when a letter from Madison might upend their livelihoods.
We need laws made by elected representatives accountable to the people—not by bureaucrats writing rules behind closed doors. Wisconsin’s prosperity and freedom depend on it.
– Knodl, R-Germantown, represents the 24th Assembly District.
