• Disclosure
  • Privacy Policy
  • DMCA Policy
  • CCPA
  • Medical Disclaimer
Monday, January 30, 2023
Wisconsin Digital News
  • Home
  • US
  • Business
  • Covid 19
  • Milwaukee
  • Madison
  • Green Bay
  • Kenosha
  • Racine
  • Appleton
  • Press Releases
  • Videos
No Result
View All Result
  • Home
  • US
  • Business
  • Covid 19
  • Milwaukee
  • Madison
  • Green Bay
  • Kenosha
  • Racine
  • Appleton
  • Press Releases
  • Videos
No Result
View All Result
No Result
View All Result
Home Madison

Wisconsin Judge To Rule On DNR Authority To Regulate PFAS

by NewsReporter
April 12, 2022
in Madison
Reading Time: 3 mins read
wisconsin-judge-to-rule-on-dnr-authority-to-regulate-pfas
Share on FacebookShare on Twitter

By TODD RICHMOND – Associated Press

MADISON, Wis. (AP) — A judge was set to rule Tuesday on whether state regulators can require businesses to clean up PFAS contamination without established limits on the chemicals, a decision that will define how far the state can go to control emerging soil contaminants without explicit laws or rules addressing them.

Waukesha County Circuit Judge Michael Bohren was slated to deliver an oral ruling in a lawsuit Wisconsin Manufacturers and Commerce, the state’s largest business group, and Leather Rich, Inc., an Oconomowoc dry cleaning business, filed in 2021.

They allege that the state Department of Natural Resources has been requiring businesses that volunteer to mediate soil contamination at their sites to clean up pollution from PFAS and other so-called emerging contaminants since 2019 without any basis in statute or administrative rules restricting those pollutants.

They also contend that the DNR put together a list of emerging contaminants without any notice, legislative oversight or opportunity for public comment. The term “emerging contaminants” doesn’t exist in state law or rule, the lawsuit maintains, and the DNR hasn’t drafted any rules explaining how they identify substances as such.

The lawsuit seeks a declaration that the DNR can’t legally regulate emerging contaminants and any enforcement is therefore invalid. WMC and Leather Rich also want a declaration that the agency define hazardous substances through a rule.

Environmentalists counter that the DNR must move quickly when the agency learns of contamination and shouldn’t be bogged down in a rule-making process that can take years.

A coalition of conservation groups, including the Clean Water Action Council, the River Alliance of Wisconsin and the Wisconsin Environmental Health Network, argued in court filings that the DNR derives its authority from state laws that govern pollution. Those laws include only a vague definition of hazardous substances, allowing the DNR broad authority to regulate them, they say. PFAS chemicals are clearly hazardous and the DNR shouldn’t have to go through the rule-making process to establish that, they added.

If WMC and Leather Rich prevail, all efforts to remediate PFAS pollution across the state, including well testing and clean-up orders, would cease, the coalition’s law firm, Midwest Environmental Advocates, warned in a blurb on its website.

“WMC’s lawsuit could remove the only meaningful public health protection we have to address PFAS contamination in Wisconsin,” the firm said.

The state Department of Justice is defending the DNR against the lawsuit. Its attorneys have argued that there’s no real dispute that PFAS are toxic and state pollution laws give the DNR broad discretion over how to handle contaminants. What’s more, a judge lacks the authority to order the DNR to promulgate rules because rules are subject to legislative approval, they insisted.

“DNR could not ensure that ‘hazardous substance’ rules are promulgated if Plaintiffs were to prevail here,” they argued in filings. “That would leave DNR in the untenable position of being unable to fulfill its statutory duty to ensure that parties who discharge hazardous substances into Wisconsin’s environment clean up those spills.”

PFAS is an acronym for per- and polyfluoroalkyl substances, man-made chemicals used widely in non-stick cookware and firefighting foam since the 1940s. Research suggests they can cause health problems in humans, including decreased fertility, developmental delays in children, increased risk of some cancers and a weakened immune system, according to the U.S. Environmental Protection Agencies.

The DNR currently lists nearly 90 sites across Wisconsin with PFAS contamination. A number of municipalities are dealing with PFAS-contaminated groundwater, including Madison, Marinette, the town of Campbell just outside La Crosse and Peshtigo.

The DNR’s policy board adopted limits on PFAS in drinking water and surface waters that can support fish in February The board refused to impose standards for groundwater, however, citing the cost of replacing wells and installing treatment equipment at water utilities. Those limits are still subject to legislative approval and aren’t in place yet.

Democratic Attorney General Josh Kaul filed a lawsuit last month against Johnson Controls and Tyco Fire Products alleging they released fire-fighting foam into the environment that has contaminated the Marinette area’s soil, groundwater, surface water and air.

Follow Todd Richmond on Twitter at https://twitter.com/trichmond1

Copyright 2022 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

Get local news delivered to your inbox!

Read More Here

Related Posts

legalizing-medical-marijuana-gets-first-public-hearing

Legalizing Medical Marijuana Gets First Public Hearing

by NewsReporter
April 14, 2022
0

MADISON, Wis. (AP) — A Republican-authored bill to legalize medical marijuana in Wisconsin will be getting its first public hearing next week, achieving one goal of backers and the latest sign of progress for those who want to loosen the state’s laws.The bill won’t become law this year because the...

darrell-n-leisses-obituary-(2022)-wiscnews.com

Darrell N. Leisses Obituary (2022) WiscNews.com

by NewsReporter
April 13, 2022
0

Darrell N. Leisses June 2, 1945 - Aug. 16, 1969 COLUMBUS - Darrell N. Leisses, 76, of Columbus, passed away on Thursday, April 7, 2022, at the UW Hospital in Madison, WI. A memorial gathering will be at Zion Ev. Lutheran Church in Columbus, WI, on Monday, April 18, 2022,...

wisconsin-dealing-with-more-cases-of-bird-flu

Wisconsin Dealing With More Cases Of Bird Flu

by NewsReporter
April 11, 2022
0

MADISON, WI (WRN) – Two more cases of bird flu have been confirmed in Wisconsin.They’re the third and fourth confirmed outbreaks in the state. On Friday, the state Department of Agriculture, Trade, and Consumer Protection confirmed highly pathogenic avian influenza at a non-commercial farm with about 200 turkeys and ducks...

evelyn-j.-drinkwine

Evelyn J. Drinkwine

by NewsReporter
April 10, 2022
0

May 20, 1929 - April 8, 2022RACINE — Surrounded by her family, Evelyn Joan Drinkwine (nee: Kaiser), age 92, passed away Friday, April 8, 2022, at her daughter's home. She was born in Racine, May 20, 1929, daughter of the late William and Evelyn (nee: Christensen) Kaiser.Evelyn attended Washington Park...

Wisconsin Digital News

© 2021 Wisconsin Digital News

Navigate Site

  • Disclosure
  • Privacy Policy
  • DMCA Policy
  • CCPA
  • Medical Disclaimer

Follow Us

No Result
View All Result
  • Home
  • DMCA Policy
  • Medical Disclaimer
  • Privacy Policy
  • Disclosure
  • CCPA
  • Terms of Use

© 2021 Wisconsin Digital News

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.
Cookie SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT