On March 6, 2024, Dist. II Court of Appeals  issued an opinion in WMC and Leather Rich, Inc. v. DNR, affirming a circuit court ruling regarding DNR’s authority to regulate “emerging contaminants” (including PFAS compounds) as hazardous substances under the Spills Law. The department will be petitioning for review by the Wisconsin Supreme Court.

The court’s decision is stayed until the conclusion of all appeals. 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.