Wisconsin Supreme Court to hear case on “Spills Law”

This week, the Wisconsin Supreme Court will hear an appeal of a lower court ruling that could hamper the Wisconsin Department of Natural Resources’ ability to enforce the state’s “Spills Law.” The law requires people or companies discharging a hazardous substance “to restore the environment to the extent practicable and minimize the harmful effects from the discharge to the air, lands or waters of this state.” The lawsuit was filed by Wisconsin Manufacturers & Commerce in 2021. It argued that the DNR could not require people to test for so-called “forever chemicals” contamination — and require remediation if they’re present — because the agency hadn’t gone through the formal process of designating the chemicals, known as PFAS, as “hazardous substances.”