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Judge Tosses Wisconsin PFAS Efforts

A Wisconsin judge ruled that the state’s Department of Natural Resources cannot cite PFAS polluters without first establishing a list of hazardous substances approved by state lawmakers.

Judge Michael Bohren in Waukesha County Circuit ruled April 12 in favor of a dry cleaning business, which argued the state agency cannot legally require cleanup of PFAS and additional contaminants since have not been identified as hazardous substances.

“It has to be that the responsible party and other members of the public know what the rules are ahead of time,” Judge Bohren said.

The Wisconsin Manufacturers and Commerce brought the lawsuit against DNR.

“When the government ignores the rulemaking process, employers are left in the dark as to what regulations they must follow,” says Scott Manley, WMC spokesperson. “Businesses cannot afford to have that kind of uncertainty, and we do not think it is too much to ask for DNR to simply follow the law as written.”

Read more about the judge’s ruling at https://madison.com/news/local/environment/judge-says-wisconsin-dnr-cant-enforce-pollution-law-without-listing-hazardous-substances/article_b914dab3-775d-5382-8ea5-8c776473ff6a.html