Wisconsin Supreme Court Ruling Legitimizes DNR Authority—Why It Matters for Contaminated Site Owners

BY: NICK HILL, LPG

In a recent 5–2 decision, the Wisconsin Supreme Court ruled that the state’s Department of Natural Resources (DNR) can enforce environmental cleanup requirements under the Spills Law without going through a formal rulemaking process. This means the DNR can take enforcement action for a reported release of a hazardous substance(s) —even if pollutant levels or types haven’t been formally defined by regulation.

This decision has important implications for responsible parties, site owners, and municipalities. It legitimizes the DNR’s authority and ability to act quickly, especially in cases involving emerging contaminants like PFAS, where formal standards may not yet exist. Properties previously viewed as low-risk could now face renewed scrutiny based on DNR discretion.

The ruling also signals a broader national trend: agencies are asserting more proactive enforcement authority, especially around emerging contaminants, like PFAS. For site owners, that means liability may arise before formal rules are even in place. It’s a reminder to be prepared—through early site assessment, thoughtful risk planning, and historical insurance reconstruction. In many cases, legacy liability can be offset by uncovering old insurance policies. PolicyFind plays a critical role in helping clients locate and reconstruct historical coverage to meet today’s obligations.

At EnviroForensics, we’re closely monitoring how this change unfolds and what it means for the future of environmental liability, cleanup strategies, and redevelopment planning in Wisconsin and beyond.

EPA Refines PFAS Action Plan Under New Administration: Progress, Promises, and Points of Concern

BY: NICK HILL, LPG

Over the past few weeks, the EPA issued several announcements for refining their PFAS Action Plan based on the current administration’s objectives and regulatory interpretations for addressing per- and polyfluoroalkyl substances (PFAS, or “Forever Chemicals”).  Through these initiatives, the EPA aims to reduce the prevalence of PFAS in the environment and to tackle PFAS at the source by holding responsible parties accountable for PFAS releases.  A summary of the new information is presented below.

Revisiting the 2019 PFAS Action Plan: What’s Changed in 2025

First, on April 28, 2025, the EPA announced updates to February 2019 PFAS Action Plan, initially launched in under Trump’ s first term.  The 2019 PFAS Action Plan outlined both immediate and long-term strategies to better understand and address PFAS.  The new EPA updates are centered on strengthening the Science behind decision-making and response actions, fulfilling statutory obligations, enhancing communication, and building partnerships.  Several key factors include designating an agency lead for addressing PFAS, developing effluent limitations guidelines (ELGs) for PFAS manufacturers and metal finishers, enforcing Clean Water Act and TSCA limitations on PFAS use and release to prevent further contamination, and working with states to assess risks from PFAS contamination and the development of analytical and risk assessment tools.

Drinking Water Regulations: A Step Forward with a Delayed Timeline

Shortly after the April 28th announcement, the EPA released a notice on May 14, 2025, emphasizing its commitments to understand and address PFAS while ensuring regulatory compliance is feasible for drinking water systems that passively receive PFAS.  The agency will maintain the current National Primary Drinking Water Regulations (NPDWR) regulations, initially set in April 2024, and the EPA’s Maximum Contaminant Levels (MCLs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS).  Additionally, the EPA will be proposing an extension of the compliance deadline for drinking water systems to meet the PFOA and PFOS MCLs from 2029 until 2031 to allow more time to implement solutions for addressing PFOA and PFOS.  The proposed rule is expected to be issued this fall and finalized in Spring 2026

Industry Accountability: Strengthening Effluent Guidelines and Enforcement

The EPA’s initiatives to address PFAS at the start of the second Trump Administration show promise; however, there are concerns regarding alterations to previously established regulations and deadlines. Maintaining the initial Maximum Contaminant Levels (MCLs) for PFOA and PFOS set in April 2024 ensures consistency. Furthermore, the EPA’s plan to establish effluent limitations guidelines (ELGs) for PFAS manufacturers and metal finishers, and to assess other required ELGs to mitigate PFAS discharges, is a positive step towards holding responsible parties accountable for PFAS releases. Additionally, the EPA’s extension of the deadline for drinking water systems to comply with the MCLs for PFOA and PFOS, coupled with the enhancement of outreach and support mechanisms such as the existing Water Technical Assistance (WaterTA) and the new PFAS Outreach Initiative (PFAS OUT), will provide the necessary tools and financial aid to communities and drinking water systems affected by PFAS pollution.

Regulatory Setbacks and Scientific Integrity: Concerns About GenX and PFBS Reversals

Of concern is the postponement of the drinking water system compliance deadline and the EPA’s decision to rescind regulatory actions for GenX chemicals and PFBS based on legal grounds rather than scientific reasons. As scientists, we acknowledge the complexities involved in understanding PFAS and addressing related exposure pathways; thus, additional information can be advantageous in developing long-term effective solutions. However, delaying PFAS treatment in drinking water systems and reversing prior decisions on GenX chemicals and PFBS without scientific justification could unnecessarily extend immediate exposures to communities currently impacted by PFAS contamination. Additionally, while the EPA has expressed intentions to hold Responsible Parties accountable for PFAS releases, the framework for doing so remains ambiguous. We anticipate future decisions and actions from the EPA concerning PFAS with great interest.

Looking Ahead: Anticipated EPA Actions and the Path to PFAS Accountability

For information about the PFAS Rule, visit Final PFAS National Primary Drinking Water Regulation and Per- and Polyfluoroalkyl Substances (PFAS) NPDWR Implementation. For more information about PFAS Technical Assistance, visit EPA Water Technical Assistance. You can also Request EPA WaterTA services for your community.  And if you have more questions, please contact us.

What Drycleaners Need to Know: The Trump Administration and Environmental Regulations

AS SEEN IN CLEANER & LAUNDERER

BY: MATTHEW BONO, CHMM, Vice-President, EnviroForensics

For drycleaners, understanding how federal environmental policies shift with each administration is crucial. These changes affect everything from compliance obligations to long-term financial planning. Under the previous administration, environmental regulations were tightened—particularly those concerning solvent use, hazardous waste disposal, and site contamination liability. Now, with the Trump administration’s deregulatory stance, some of those rules may be rolled back. But this potential loosening doesn’t tell the whole story.

Federal Rollbacks Don’t Eliminate All Risk

While the Trump administration has prioritized reducing regulatory burdens on businesses at the federal level, drycleaners should remain cautious. Environmental cleanup and compliance responsibilities often originate at the state or local level, where state and local governments can create and enforce regulations aligned with their individual priorities. In fact, states like California, New York, Wisconsin, and Michigan continue to enforce strict environmental regulations regardless of the federal approach. These jurisdictions may even expand enforcement efforts in the absence of strong federal oversight.

This means that while some drycleaners in less regulated states may see a short-term reduction in compliance costs, others—especially those in environmentally progressive regions—will continue to face robust requirements.

Why Now Is Still the Time to Utilize Historical Insurance Assets

Even in a more business-friendly federal climate, environmental liabilities don’t simply disappear. Many drycleaners operate on properties that have been in use for decades—often since before environmental regulations were clearly defined. These sites may harbor contamination from past solvent use, and responsible parties (like former owners or operators) may be long gone.

That’s where historical insurance policies come into play.

Old commercial general liability (CGL) policies, often written before 1986, may contain coverage for environmental claims—even if the contamination wasn’t discovered until recently. These assets can be crucial for funding cleanup, managing legal costs, or meeting state environmental agency requirements. Unfortunately, many businesses don’t realize they may have access to this valuable coverage.

The opportunity to leverage historical insurance assets is still very much alive, but it requires proactive effort. Insurers may dispute or deny claims based on technicalities, such as lost policy documents or exclusions. That’s why working with experienced insurance archeologists, like PolicyFind, is key to successfully recovering funds.

Contamination Still Hurts Property Value—Regulations or Not

Even if regulatory enforcement is dialed back, contamination itself still carries serious financial consequences. One of the most overlooked: property value.

Prospective buyers, lenders, and developers view environmental liabilities as long-term risks—whether or not cleanup is currently mandated. A property known (or even suspected) to be contaminated often:

  • Appraises lower due to cleanup uncertainty
  • Attracts fewer potential buyers
  • Triggers environmental site assessments (ESAs) during sale or refinancing
  • Faces higher insurance premiums or more restrictive loan terms

So, while federal deregulation may reduce your immediate compliance burden, it won’t erase the environmental stigma that affects real estate value. If you plan to sell, transfer, refinance, or redevelop your property in the future, unaddressed contamination will still be a major obstacle.

This is yet another reason to act now: investigating and using historical insurance coverage can help fund site assessment and cleanup, protecting your investment for the long term.

Administrations Change—Plan for What’s Next

Regardless of the current administration’s policies, political tides can turn quickly. A future federal administration may reimpose strict environmental rules—or introduce new ones altogether. Drycleaners who base their business decisions solely on today’s leniency may find themselves underprepared tomorrow.

Planning smart means:

  • Documenting all environmental conditions at your site today
  • Identifying and preserving historical insurance policies
  • Proactively engaging environmental consultants or legal advisors
  • Understanding state and local compliance requirements, not just federal ones

In short, don’t mistake a reprieve in federal enforcement for the elimination of long-term risk. The smart move is to plan ahead—by tapping into historical insurance coverage, aligning with state laws, and protecting both your business and your property value.