Supreme Court Decision In Wisconsin Reshapes PFAS Regulation
In another step in the fight against forever chemicals, the Wisconsin Supreme Court ruled on Tuesday that state regulators can require landowners to clean up PFAS before they are officially designated as hazardous substances.
This ruling overturns previous lower-court decisions established in March 2024, which determined that “environmental regulators can’t unilaterally force polluters to clean up contamination from so-called forever chemicals without going through the Legislature to establish specific limits on the compounds.”
The case was sparked by Leather Rich, a dry-cleaning business in Oconomowoc. Having discovered PFAS contamination on its property in 2018, the business initiated voluntary cleanup. The DNR later instructed the company to investigate further, even though PFAS hadn’t yet been formally listed as hazardous. Leather Rich, backed by Wisconsin Manufacturers & Commerce (WMC), sued, claiming the agency overstepped regulatory bounds.
While the lower courts sided with Leather Rich, Justice Janet Protasiewicz emphasized in her majority opinion that “no state law required the DNR to implement a rule before requiring Leather Rich to begin cleaning up the site.
Governor Tony Evers hailed the decision as a “historic victory,” saying it ensures polluters cannot evade cleanup responsibilities. Environmental advocates warn that, without it, contamination could spread unchecked during years‑long rule‑making delays.
Other parties weren’t as thrilled with the decision. Scott Manley of WMC warned that the ruling thrusts landowners into regulatory limbo, subject to “crushing fines and endless, costly litigation” without clearly defined chemical thresholds.
Though this ruling applies only within Wisconsin, its influence may ripple outward. Other states — especially those similarly gridlocked on PFAS limits — could look to this decision as a model for empowering regulators even absent specific thresholds. Nationally, interest is rising: the EPA issued its first enforceable drinking‑water rule in April 2024 and ordered cleanup under the Superfund law.
Wisconsin’s decision reinforces an emerging regulatory playbook, allowing quick cleanup actions instead of waiting for legislative resolution. That approach could gain traction as more communities grapple with PFAS contamination. But it also raises concerns over due process, company compliance, and whether patchwork state-by-state regulation is better than a unified federal system.