Wisconsin Supreme Court delivers win for environmentalists in fight over ‘forever chemicals'
The liberal-controlled court ruled that state regulators can force landowners to clean up emerging pollutants such as PFAS before they are officially designated as hazardous substances.
The 5-2 ruling is a defeat for the state's powerful group representing businesses and manufacturers, which had argued the state couldn't enforce regulations on substances before they were officially designated as hazardous.
It is the latest development in a yearslong battle in Wisconsin and nationally involving regulators, environmentalists, politicians and businesses over how to deal with PFAS contamination.
The PFAS problem
Cities large and small across Wisconsin, from Madison to Marinette and La Crosse to Wausau, are grappling with PFAS contamination. The U.S. Geological Survey has estimated that at least 45% of the nation's tap water is contaminated with PFAS.
PFAS, or perfluoroalkyl and polyfluoroalkyl substances, are a group of chemicals that have been around for decades and have now spread into the nation's air, water and soil.
They were manufactured by companies such as 3M, Chemours and others because they were incredibly useful. They helped eggs slide across nonstick frying pans, ensured that firefighting foam suffocates flames and helped clothes withstand the rain and keep people dry.
The chemicals resist breaking down, however, which means they stay around in the environment and have a hard time breaking down in the body. There is a wide range of health harms now associated with exposure to certain PFAS, including low birth weight, cancer and liver disease.
Democratic Gov. Tony Evers and Republican legislators have been at odds over how to address the problem for years, with both sides blaming the other for not earmarking more money for clean up efforts.
The Wisconsin case
The Wisconsin Supreme Court ruled in a case brought by the state's largest business group, Wisconsin Manufacturers & Commerce, which sued the DNR in 2021 on behalf of Leather Rich, a dry cleaning business in Oconomowoc.
Leather Rich became aware of PFAS contamination in 2018 and was working on cleaning it up when the DNR posted a message online in 2019 saying it now considered PFAS chemicals a hazardous substance. The agency ordered the dry cleaner to test its groundwater for PFAS but didn't tell the business which compounds it needed to test for or what levels would be considered dangerous.
They argued the DNR can't force businesses to test and clean up contamination from emerging pollutants like PFAS without first designating them as hazardous substances. That process can take years and requires approval from the Legislature.
A Waukesha County judge and the state appeals court sided with Leather Rich.
The DNR appealed, arguing that it could unilaterally force testing because state law gives the agency broad authority to protect the environment. It also argued that the lower court's ruling would neuter the state's 'spills law,' which was designed to confront pollution.
That law, enacted about 50 years ago, requires anyone who causes, possesses or controls a hazardous substance that's been released into the environment to clean it up.
Fight over PFAS regulation
Since the lawsuit was filed, additional state and federal regulations of PFAS have been put in place.
Federal regulators placed the first-ever national standards on PFAS in drinking water last year, but the Trump administration said in May that it planned to weaken those limits.
The state has imposed less restrictive limits on PFAS in surface and drinking water, defined as piped water delivered through public systems and noncommunity systems that serve places such as factories, schools and hotels.
But it has not implemented PFAS standards for groundwater, the source of drinking water for about two-thirds of Wisconsin residents. The agency stopped efforts to draft them in 2023 after determining that compliance would be too expensive.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
CNN
13 minutes ago
- CNN
Trump calls Sweeney's American Eagle ad ‘fantastic'
Trump calls Sweeney's American Eagle ad 'fantastic' President Donald Trump praised Sydney Sweeney's American Eagle jeans ad on Sunday, telling reporters that it is 'fantastic' after finding out that the actress was a registered Republican. Sweeney registered with the Republican Party in Florida on June 16, 2024, prior to November's presidential election, according to Florida voter registration records. 00:49 - Source: CNN Vertical Trending Now 16 videos Trump calls Sweeney's American Eagle ad 'fantastic' President Donald Trump praised Sydney Sweeney's American Eagle jeans ad on Sunday, telling reporters that it is 'fantastic' after finding out that the actress was a registered Republican. Sweeney registered with the Republican Party in Florida on June 16, 2024, prior to November's presidential election, according to Florida voter registration records. 00:49 - Source: CNN Justin Trudeau sings 'Firework' at Katy Perry concert Former Canadian Prime Minister Justin Trudeau was seen singing and dancing at a Katy Perry concert in Montreal in late July. Two days earlier, Trudeau and Perry were seen having dinner together, sparking dating rumors across social media. 00:59 - Source: CNN New research reveals origin of potatoes Scientists traced the lineage of potatoes to a wild genetic fusion about 9 million years ago between a tomato ancestor and a tuberless plant. 01:04 - Source: CNN Blake Lively to be deposed against Justin Baldoni Blake Lively is set to be deposed Thursday in her legal battle against Justin Baldoni. 00:24 - Source: CNN Amusement park ride splits in half in Saudi Arabia At least 23 people were injured, three of them critically, when a fairground ride buckled in Saudi Arabia, sending passengers crashing to the ground, according to state media. 00:33 - Source: CNN Dozens injured on Delta flight Severe turbulence struck a Delta flight from Salt Lake City to Amsterdam Wednesday, causing service carts and unbelted passengers to hit the ceiling and forcing an emergency landing in Minnesota, where 25 people on board were taken to hospitals. 01:01 - Source: CNN Arrest made in Arkansas hiking murders A man has been arrested in connection with the deaths of a married couple attacked and killed while hiking with their two young daughters at a state park in the Ozark Mountains, according to the Arkansas State Police. 00:45 - Source: CNN Crypto attack on OnlyFans streamer caught on camera Several crypto investors, including streamer and content creator Kaitlyn 'Amouranth' Siragusa, have been targeted in a series of violent attacks by gangs attempting to access their crypto wallets. Blockchain intelligence firms believe that the perceived anonymity and irreversibility of crypto transactions make investors an attractive target. 02:05 - Source: CNN High Noon recalls vodka seltzer mislabeled as Celsius High Noon has issued a voluntary recall after mislabeling some of its vodka seltzer as Celsius energy drinks. The FDA says no adverse events or illnesses have been reported. 00:55 - Source: CNN Jet2 holiday singer speaks out after White House uses meme British singer Jess Glynne responded to the White House's decision to use the viral TikTok sound, which includes her 2015 song "Hold My Hand" and Jet2's commercial. Glynne criticized the White House for using the audio to show the ongoing mass deportations in the United States. 01:10 - Source: CNN Fans pay tribute as emotional Sharon Osbourne lays flowers at Ozzy memorial Thousands of fans paid their respects to Black Sabbath frontman Ozzy Osbourne as his hearse made its way through the streets of Birmingham, the English city where he grew up and where the band was formed in 1968. Osbourne died last Tuesday at the age of 76. 00:46 - Source: CNN Shannon Sharpe out at ESPN after settling sexual assault lawsuit Former NFL star Shannon Sharpe, who has been one of the faces of ESPN's morning sports debate show 'First Take,' is no longer with the network, a source with knowledge of the situation told CNN. 00:54 - Source: CNN Crocodile gets caught underneath moving truck A bystander captured video of a crocodile caught underneath a truck driving through high water in Australia at Kakadu National Park. 00:25 - Source: CNN Beyoncé brings out Destiny's Child during final show Beyoncé reunited Destiny's Child during her concert at Allegiant Stadium in Las Vegas, with Michelle Williams and Kelly Rowland joining her on stage to perform a medley of the group's biggest hits, as part of her final Cowboy Carter show. 00:45 - Source: CNN Gwyneth Paltrow joins Astronomer as temporary spokesperson Actress and Goop founder Gwyneth Paltrow appeared in a new ad for Astronomer, the tech firm whose former CEO and human resources chief were caught in an awkward moment on a Jumbotron at a Coldplay concert last week. Paltrow is the ex-wife of Coldplay frontman Chris Martin. 00:51 - Source: CNN 'South Park' skewers Trump after signing new Paramount deal In their first episode of the season, the creators of "South Park" mocked President Donald Trump and Paramount after they just signed a new $1.5 billion contract. Paramount is looking to merge with Skydance Media and needs the Trump-influenced FCC to approve the deal. 01:24 - Source: CNN
Washington Post
13 minutes ago
- Washington Post
New panda marks a birthday here for the first time
He will be 4 years old on Monday, and his birthday is to be celebrated at his home in D.C. in a way that seems relatively modest, given the great interest in him as well as his significance in such areas as world diplomacy and wildlife conservation. The party will be in the morning, at 9 a.m. — a time not usually associated with uproarious festivities.
New York Times
43 minutes ago
- New York Times
Many Jewish Voters Back Mamdani. And Many Agree With Him on Gaza.
Ben Sadoff knocked on roughly 1,000 doors as a canvasser for Assemblyman Zohran Mamdani's mayoral primary campaign in New York City, and the voters he met brought up the same issues again and again: the cost of rent, the cost of child care and the sense that things in the city were going in the wrong direction. One thing they did not frequently mention was Israel, he said. And when voters — including Jewish ones — did bring it up, their comments often focused on their anguish over Israel's war in Gaza, where starvation is spreading and about 60,000 people have been killed, according to Gazan officials. 'I think this campaign has really shown us something we have known for a while,' said Mr. Sadoff, who is Jewish and works as a bike mechanic in Manhattan. 'There are a million Jewish New Yorkers who have wide-ranging opinions on all kinds of issues.' Mr. Mamdani's commanding victory in the Democratic primary for mayor alarmed many Jews who are concerned by his outspoken criticism of Israel. But he won the votes of many other Jewish New Yorkers, some of whom said in interviews that they were unbothered by that criticism and inspired by his intense focus on affordability. Often these voters said that Mr. Mamdani's views on Israel, and his vocal opposition to its treatment of Palestinians, echoed their own. Mr. Mamdani has criticized Israel in ways that were once unthinkable for an elected official in New York, home to America's largest Jewish population. He has decried Israel as an apartheid state. He has said it should ensure equal rights for followers of all religions instead of favoring Jews in its political and legal system. He has supported the movement that seeks to economically isolate it, known as Boycott, Divestment and Sanctions. And he has endorsed the view of Israel's leading human rights organizations and of genocide scholars — including some in Israel — that it is committing genocide in Gaza, an allegation that the Israeli government has denied. Want all of The Times? Subscribe.
