MADISON, Wis. (AP) — A state appeals court says environmental regulators can’t force landowners to clean up pollution from so-called forever chemicals without first implementing specific limits on contamination.
The 2nd District Court of Appeals’ 2-1 ruling Wednesday all but eliminates the Department of Natural Resources’ authority to unilaterally mandate reporting PFAS contamination in groundwater and force responsible parties to clean it up. The case revolves around the DNR’s decision in 2019 to require property owners to clean up PFAS pollution even though the agency hadn’t established limits on the chemicals.
The appellate court found that the decision amounted to an administrative rule and as such should have gone through a drafting process that culminates with legislative approval.