Judge Rules DNR Lacks Authority to Regulate PFAS Chemicals

Thursday, April 14th, 2022 -- 9:01 AM

(AP) A judge has ruled that the state Department of Natural Resources lacks the inherent authority to regulate PFAS chemicals without established standards.

Waukesha County Circuit Judge Michael Bohren ruled Tuesday in a lawsuit brought by Wisconsin Manufacturers and Commerce and an Oconomowoc dry cleaning business.

They allege the DNR has required businesses to remediate PFAS contamination since 2019 without any basis in statute or regulations. Environmentalists counter that the DNR needs to react quickly to pollution and waiting for lawmakers to approve statutes or rules for every substance increases exposure.

But Bohren said the DNR has to do things in the proper way so everyone has fair notice of what’s a hazardous substance and what isn’t.

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