On April 12, 2022, Waukesha County Circuit Court Judge Bohren issued a decision regarding the DNR’s authority to regulate “emerging contaminants” (including PFAS compounds) as hazardous substances under the Spills Law. The DNR has appealed the decision.

On June 7, 2022, Judge Bohren granted the DNR’s request for a stay of his decision for the duration of the appeal process. The stay allows the department to continue under the Spills Law to work with responsible parties whose sites are contaminated by PFAS. The stay also means that Wisconsinites with private wells contaminated with PFAS who are currently receiving emergency bottled water may continue to receive a source of safe drinking water while the department appeals the order.

Given that the case remains pending in litigation, the DNR has no further comment.