In a 5-2 ruling, the Wisconsin state Supreme Court ruled that regulators can force landowners to clean pollutants before they are designated as hazardous.
The court’s four liberal justices were joined by conservative Justice Brian Hagedorn in their concurring opinion in the case Wisconsin Manufacturers and Commerce Inc. v. Wisconsin Department of Natural Resources.
The opinion, as written by Justice Janet Protasiewicz, “requires parties responsible for a hazardous substance discharge on their property to notify the Wisconsin Department of Natural Resources immediately. Then they must initiate actions necessary to restore the environment to the extent practicable and minimize the harmful effects from the discharge to the air, lands or waters of this state.”
Areas of Wisconsin have struggled with perfluoroalkyl and polyfluoroalkyl substances (PFAS) contamination for years. These chemicals do not break down naturally in the environment, and they are linked to a variety of health issues after human exposure, including decreased fertility, developmental delays in children and higher risk of cancer. It is estimated that as much as 98% of the population in the United States have been exposed to these chemicals.
Conservative Justices Rebecca Bradley and Annette Ziegler dissented. The group representing Wisconsin manufacturers argued that the state couldn’t mandate regulations on substances before they are deemed hazardous.