Judge Issues Ruling That Could Prevent DNR From Regulating PFAS Contamination

Thursday, June 9th, 2022 -- 9:01 AM

(Raymond Neupert, WRN) A Waukesha County Judge has issued a stay on a ruling that could prevent the D N R from regulating PFAS contamination.

Judge Michael Bohren says the state and business groups need to come to a solution pending appeal. "It puts the plaintiffs and the business people and the people who supported the plaintiffs somewhat at risk for a period of time. But the stay also protects the overall state policy that the DNR is working on in the event this court is incorrect."

Judge Bohren continued, "I'm assuming that an appeal would be expeditious. I'm assuming that it may actually be an appeal that the supreme court accepts as a bypass based upon the based on the seriousness of the issues involved and the broad impact."

Wisconsin Manufacturers and Commerce argues that the state can't regulate PFAS because they are not directly mentioned in either state law or DNR rules. The DNR says this ruling could upend the department's ability to remediate any spills or brownfields.

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