Wisconsin Supreme Court Will Review Decision Striking Down PFAS Hazardous Substance Listing

ByPFAS Primer Team

The Wisconsin Supreme Court has agreed to review a landmark ruling that struck down Wisconsin’s hazardous substance listing for PFAS, which effectively blocked regulators from requiring cleanup of PFAS without first completing a rulemaking. The Wisconsin Court of Appeals invalidated the state Department of Natural Resources’ policies on PFAS as hazardous substances under the state’s long-standing Spills Law and voided enforcing thresholds or requirements for the substances and the department’s liability waiver policy. The court of appeals agreed with the lower court that these policies are rulemakings that did not follow procedural rulemaking requirements.

September 11, 2024 | Wisconsin Manufacturers and Commerce Inc. v. Wisconsin DNR, No. 2022AP000718 (Wis.).

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