Overview

• The court’s 5-2 decision saw Justice Brian Hagedorn join four liberal justices to uphold the Department of Natural Resources’ power under the state spills law.
• The case originated with a 2021 lawsuit by Wisconsin Manufacturers & Commerce on behalf of Leather Rich, a dry cleaner contested over PFAS testing and cleanup requirements.
• PFAS, linked to health risks such as cancer, liver disease and low birth weight, have been found in groundwater and tap water across Wisconsin cities including Madison, Marinette and La Crosse.
• The U.S. Geological Survey estimates that at least 45% of the nation’s tap water contains PFAS, while Wisconsin has yet to adopt standards for groundwater used by about two-thirds of its residents.
• In light of the ruling, Wisconsin regulators must now develop groundwater cleanup standards and clarify enforcement procedures under the state’s spills law.