MADISON — The Wisconsin Supreme Court on Tuesday heard a case that could have big implications for residents whose water has been contaminated by dangerous forever chemicals known as PFAS.
The Department of Natural Resources (DNR) and Wisconsin Manufacturers and Commerce (WMC), the state’s powerful business lobby, clashed over whether DNR regulators can require polluters to clean up toxic chemicals if the agency hasn’t formally established standards for those chemicals.
The state’s “spills law” requires polluters to report any discharged substances that could harm people or the environment and gives DNR the authority to enforce cleanup. However, WMC argues that without clear rules defining which substances are hazardous and in what amounts, DNR is essentially requiring people and companies to guess whether they need to report a spill.
Watch: DNR's authority to force pollution cleanup at stake in state Supreme Court case
“The department has said that if a tanker truck of milk spills, it is certainly a hazardous substance discharge,” said attorney Lucas Vebber. “But today he said that if you drop a gallon of milk, it’s not a hazardous substance discharge. So somewhere in the middle, it becomes a hazardous substance discharge. But when? Nobody knows.”
DNR argues that the Legislature created the law to give them broad authority over hazardous spills and that requiring clearer standards would hamstring their enforcement efforts.
“The spill law has worked so well for decades precisely because the Legislature broadly defined the hazardous substances that dischargers must report and clean up,” said attorney Colin Roth.
In some Wisconsin communities where residents are dealing with PFAS contamination, the companies responsible for the discharge are paying for bottled water and filtration systems. Residents said in court documents that a ruling against the DNR could put that support in jeopardy.
The court is expected to issue a decision in the coming months. Lawmakers in Madison have also signaled that they will once again consider funding for PFAS cleanup when writing a new state budget this year.
