MADISON, WISCONSIN — In a decision closely watched across the Midwest, the Wisconsin Supreme Court on Friday ruled in favor of environmental regulators, allowing the state’s Department of Natural Resources (DNR) to require permits for discharges of PFAS, also known as “forever chemicals,” into groundwater.
The 4-3 ruling represents a major victory for environmental groups and local communities who have long raised concerns about the health effects of PFAS contamination, especially in drinking water.
Ruling Reinforces State’s Power to Monitor Water Safety
The court concluded that the DNR does have the legal authority to demand pollution discharge permits under the state’s existing groundwater protection laws, even in the absence of specific PFAS regulations passed by the state legislature.
PFAS (per- and polyfluoroalkyl substances) are a group of man-made chemicals used in products ranging from firefighting foam to nonstick cookware. Because they don’t break down easily, PFAS can accumulate in the environment and human body — raising risks for cancer, immune system issues, and developmental delays.
Justice Jill Karofsky, writing for the majority, emphasized that the DNR’s role includes protecting public health and natural resources, stating:
“The Legislature has clearly empowered the DNR to regulate water pollution, including pollutants not specifically listed in statute.”
Business Groups Opposed Expanded Oversight
The case originated from a dispute involving Kinnard Farms, a large dairy operation accused of contributing to groundwater contamination in Kewaunee County. Business groups and industry representatives argued that the DNR had overstepped its legal authority by imposing requirements not explicitly defined by law.
Critics claimed the decision could lead to increased regulation and economic burden on Wisconsin’s agricultural and manufacturing sectors. However, environmental advocates countered that without regulatory oversight, residents risk exposure to toxic contaminants.
Broader Implications for the Midwest
Wisconsin joins a growing number of states taking independent action on PFAS regulation. The ruling could influence similar cases in Illinois and Michigan, where PFAS contamination has also drawn public concern.
Environmental Defense Fund attorney Sarah Geers said the decision affirms that states can and should act to protect drinking water from emerging chemical threats:
“This ruling is a wake-up call — it shows that states don’t have to wait for federal action to take PFAS seriously.”
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