Judge: DNR can sample for ‘forever chemicals’ but can’t take action against polluters until standards are passed


Jefferson County Judge William Hue said in a written decision Monday that under the Clean Water Act, the agency can continue to sample for PFAS for informational purposes, but enforcement can’t be taken. He also ruled that any sampling results should be considered public record, and therefore subject to records requests.

The 45-page decision partially sides with Wisconsin Manufacturers & Commerce, which sought to halt the agency’s sampling program last year with the lawsuit. 

WMC in April 2021 filed for a restraining order to temporarily halt the Department of Natural Resources PFAS sampling program because the agency did not have the authority to implement and enforce sampling for compounds that do not yet have standards under state law. 


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Milwaukee Journal Sentinel, 27 January 2022
; https://www.jsonline.com/story/news/local/wisconsin/2022/01/26/dnr-can-sample-forever-chemicals-but-cant-take-action-against-polluters/6507547001/