In a decision issued June 24, 2025, the Wisconsin Supreme Court reversed a decision of the court of appeals that had affirmed a trial court’s decision to invalidate DNR actions to regulate PFAS under the “Spills Law” set forth in Wis. Stat. Chapter 292 and Wis. Admin Code §§ NR 700-799. Wisconsin Manufacturers & Commerce, Inc. v. DNR, 2025 WI 26.
The DNR, under the Spills Law, has authority over the investigation and cleanup of sites where hazardous substances have been discharged and administers a Voluntary Party Liability Exemption program (“VPLE”) in which “responsible parties” may undertake voluntary cleanups under the Spills Law to obtain additional protection. Both the trial court and the court of appeals declared that the DNR needed to go through the rule-making process to address PFAS and other emerging contaminants. In a much anticipated decision, the Supreme Court held that the DNR had broad authority under the Spills Law and was not required to promulgate rules to identify all hazardous substances or cleanup standards.
Ted Warpinski and Andy Skwierawski are highly trained and experienced lawyers who represent individuals, small business owners, corporate clients, non-profits, and governmental entities in a wide variety of environmental law, land use, insurance recovery, and complex litigation matters across Wisconsin and in other states. We pride ourselves on providing quality and cost-effective services to all our clients in a pragmatic yet creative manner. You can contact Ted at taw@hallingcayo.com and Andy at mas@hallingcayo.com