Wisconsin Supreme Court Says Landowners Can Be Held Accountable for PFAS Cleanup

On June 24, 2025, the Wisconsin Supreme Court ruled in Wisconsin Manufacturers and Commerce, Inc. v. Wisconsin Department of Natural Resources that state regulators have the power to enforce regulations on emerging pollutants before they are officially designated as hazardous substances. The 5-2 decision struck down a challenge to the Wisconsin Department of Natural Resources (DNR), in which an organization representing businesses and manufacturers in the state argued that the DNR needed chemicals to be officially classified as hazardous before they could be regulated, and it went around public oversight in order to do so.

The chemicals at the center of this decision are per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals” due to their inability to be broken down by natural means. When PFAS contaminates land and water sources, it can be ingested by humans and wildlife, leading to negative health outcomes such as reproductive issues, stunted development, and cancer. These effects have put PFAS in the crosshairs of regulators, despite recent moves by the federal government to roll back restrictions on PFAS contamination in water.

“The Wisconsin Supreme Court’s decision is a victory for the health and wellbeing of the people of Wisconsin. We are pleased that the court rejected WMC’s reckless attempt to undermine a bedrock environmental and public health protection that has kept Wisconsinites safe from toxic contamination for almost fifty years,” said Midwest Environmental Advocates (MEA) Staff Attorney Rob Lee.