Circuit court docket choose says Wisconsin DNR overstepped PFAS regulatory energy | WUWM 89.7 FM

Concern about PFAS, sometimes called ceaselessly chemical substances, has escalated lately. An growing variety of Wisconsin communities grapple with effectively contamination. Within the Peshtigo/Marinette space, the issue there stems from a close-by firefighting foam facility.

However a choose dominated Tuesday that Wisconsin regulators don’t have the facility to manage PFAS and different rising poisonous contaminants when finishing up an current regulation — known as the spill law.

Waukesha County Circuit Courtroom Decide Michael Bohren dominated that as a result of Wisconsin legislators haven’t established PFAS requirements, the DNR should wait earlier than regulation can start.

Bohren acknowledged it’s the DNR’s job to guard the state from air pollution. However he mentioned doing so with out legal guidelines regulating these pollution would imply working “on a whim and a elaborate.”

“Proper now no less than in studying the briefs that had been filed, the DNR … appears to make a dedication primarily based on what they know, or they assume they know, then to to use it to the accountable events concerned within the remediation course of. I discovered that, that’s extreme past their statutory authority,” he mentioned.

READ: 2022 begins with little progress on PFAS contamination

The ruling was a win for the state’s greatest enterprise lobbying group, the Wisconsin Producers and Commerce. Final yr, it filed a lawsuit towards the DNR asserting the company “did not observe the required rulemaking course of for establishing a brand new regulatory commonplace associated to PFAS substances.”

Environmental teams disagree, and say the rule-making course of can stretch out for years as contamination continues to unfold.
In February, the Pure Sources Board accepted limits for 2 of essentially the most studied PFAS in consuming and floor, however not for proposed groundwater requirements.

The Wisconsin Legislature has not but OK’d the consuming and floor water limits.

In response to Tuesday’s circuit court docket ruling, Midwest Environmental Advocates expressed disappointment. The group mentioned, “We count on it to be appealed and are assured that the DNR’s efforts to maintain Wisconsin households secure from PFAS contamination will finally be vindicated.”

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