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.

EnviroForensics Strengthens Leadership to Support Growth and Client Success

At EnviroForensics, we’re not just growing—we’re growing leaders. Our success is rooted in a strong culture of mentorship, career development, and opportunity. As we expand to meet increasing demand for environmental investigation and remediation services across the country, we remain deeply committed to developing talent from within. By providing clear career paths and investing in our team, we ensure our people—and our clients—continue to thrive.

That’s why we’re excited to announce the promotions of three exceptional team members: R. Scott Powell, PE, LPG, to Principal and Nick Hill, LPG, to Group Manager.

“These promotions reflect the incredible talent we’ve cultivated within EnviroForensics,” said Matt Bono, CHMM, Vice President. “Scott and Nick have all demonstrated strong leadership, technical excellence, and a deep commitment to our clients and team. Their growth shows what’s possible when we invest in people and provide them with the opportunity to lead.

Scott Powell, PE, LPG – Promoted to Principal

With more than 25 years of experience in environmental consulting, Scott Powell has become a trusted expert in site investigation, remediation, and litigation support. A Professional Engineer and Licensed Professional Geologist, Scott brings an uncommon depth of insight and technical clarity to every project. His ability to serve as an expert witness in legal matters has made him a go-to advisor for attorneys and clients navigating complex contamination issues.

Scott’s promotion to Principal is a testament to his steady leadership. He exemplifies our mission of combining regulatory expertise, scientific rigor, and business-minded solutions to solve environmental problems.

Nicholas Hill, LPG – Promoted to Group Manager

Nick Hill’s career at EnviroForensics has been marked by deep technical acumen. As a Licensed Professional Geologist, Nick has overseen complex remediation efforts and site closures across various regulatory frameworks, providing clarity and confidence to clients in uncertain situations.

His promotion to Group Manager reflects his skill in managing multidisciplinary teams. Nick has grown steadily into leadership, proving that technical growth and people leadership go together. He joined EnviroForensics almost 14 years ago as a Staff Geologist now leads a team of project managers and scientists in delivering the high-quality work that defines EnviroForensics.

Leadership That Reflects Our Core Values

More than just new titles, these promotions represent what’s possible in an environment where mentorship is prioritized, hard work is recognized, and growth is intentional. Each of these professionals embodies the values that drive us forward: collaboration, scientific excellence, and a passion for solving complex challenges.

EPA Postpones Toxic Substances Control Act Final Rule and Effective Dates for Banning All Uses of TCE

BY: NICK HILL, LPG

On March 24, 2025, the Environmental Protection Agency (EPA) issued an announcement regarding the effective date of the Toxic Substances Control Act (TSCA) final risk management rule for trichloroethylene (TCE).  As we reported in our Blog on December 19, 2024, the EPA intended to prohibit most consumer and commercial uses of TCE within 1 year of the January 16, 2025, effective date, as stated in the December 17, 2024, Federal Register 89 FR 102568.  However, according to the newest announcement, the EPA received multiple petitions for review of the final rule that were subsequently consolidated under the Third Circuit Court of Appeals, and a court-ordered temporary stay has prevented the TCE final rule from going into effect.

Additionally, to comply with the terms of President Trump’s Regulatory Freeze Pending Review January 20, 2025 memorandum, the EPA issued the Delay of Effective Date for 4 Final Regulations Published by the Environmental Protection Agency Between November 29, 2024, and December 31, 2024 on January 28, 2025 (90 FR 8254).  This action initially delayed the TCE final rule’s effective date from January 16, 2025, to March 21, 2025. However, the EPA is now expecting to publish an additional notice further postponing requirements for 90 days, to June 20, 2025.  The additional 90-day postponement notice is currently under judicial review.

These rule postponements are being requested in parallel to the EPA asking for a 60-day extension to the court ordered January 16, 2025, temporary stay so the EPA can determine what next steps should be taken.

Given the delayed effective date for the TSCA TCE rule, dry cleaners and industrial operators who have not switched to non-chlorinated solvent options will have more time to consider their options and prepare for the transition. We will continue to monitor the TSCA TCE rule that will potentially ban TCE use and provide information shared by the EPA to keep our clients informed.

EnviroForensics Welcomes Michael Potter as Senior Project Manager

At EnviroForensics, we are committed to building a team of experts who bring deep technical knowledge and strategic insight to environmental challenges. We are excited to welcome Michael Potter, a Licensed Professional Geologist with over 23 years of experience, as our newest Senior Project Manager.

Michael has worked extensively in soil, groundwater, air, and surface water investigation and remediation, leading projects across 24 states under various state and federal regulatory frameworks, including EPA and U.S. Coast Guard guidelines. His expertise spans emergency response, site investigation, regulatory negotiation, and remediation strategy development.

“With over 23 years of experience in emergency response, investigation, and remediation, Michael brings a wealth of expertise to our company,” said EnviroForensics’ Vice President, Matt Bono. “His involvement has ranged from sudden train derailments to properties affected by long-term historical operations, covering the entire spectrum of environmental releases. His extensive background will be invaluable in helping our clients navigate through complex challenges.”

Michael has managed a diverse range of projects, including petroleum service stations, former auto manufacturing facilities, chemical warehouses, dry cleaners, electric utility substations, ports, and railyards. With 15 years of emergency response experience, he has played a critical role in addressing pipeline releases, train derailments, highway tanker-truck accidents, and industrial fires. His expertise in contaminants—such as petroleum hydrocarbons, chlorinated solvents, PCBs, and PFAS—allows him to develop and implement effective remediation strategies.

As Senior Project Manager, Michael will lead soil, groundwater, and vapor investigations and cleanups, ensuring projects align with regulatory requirements and client objectives. His ability to work closely with responsible parties, attorneys, regulators, and stakeholders will help clients address environmental liabilities with confidence.

EPA Finalizes Rules to Ban TCE and Phase Out PCE Under the Toxic Substances Control Act

BY: NICK HILL, LPG

On December 8, 2024, the Environmental Protection Agency (EPA) issued a groundbreaking final rule under the Toxic Substances Control Act (TSCA). This rule bans all uses of trichloroethylene (TCE) over time (with the vast majority of identified risks eliminated within one year) and bans the manufacturing, processing, and distribution of tetrachloroethylene (PCE or “Perc”) in commerce for all consumer uses and many commercial uses.

According to Federal Register 89 FR 102568, effective on January 16, 2025, the TCE ban will eliminate most consumer and industrial uses within one (1) year.  According to Federal Register 89 FR 103560, effective January 17, 2025, the PCE phaseout introduces a timeline that will eliminate all consumer and most commercial PCE uses within 10 years.

Understanding TCE and PCE

  • PCE and TCE are nonflammable chlorinated solvents that are volatile organic compounds (VOCs) with varying degrees of toxicity. PCE can biodegrade into TCE, and PCE may contain trace amounts of TCE as an impurity or a contaminant.
  • Both chemicals have historically been used in automotive repair, parts washing, manufacturing processes, and dry cleaning industries.

Key Impacts on Dry Cleaners

Both PCE and TCE have been readily used as part of the dry cleaning process for decades.  While many dry cleaners have been transitioning away from the use of PCE and TCE, some dry cleaners are still using these solvents today, especially as a spot cleaner.  For those clients who are using (or may be considering the use of) PCE and/or TCE, here are a few important notes:

  • All TCE use in dry cleaning will be prohibited after September 15, 2025.
  • All PCE use in dry cleaning will be prohibited after December 19, 2034, with the following roll-out of compliance dates:
    • New Machines: PCE use will be prohibited for dry cleaning machines acquired after January 16, 2025.
    • Existing Machines: PCE use in 3rd generation dry cleaning machines will be prohibited after December 20, 2027, and prohibited in 4th/5th generation machines after December 19, 2034.
  • Further details are available via the EPA PCE rule and TCE rule websites.

Compliance and Support

  • The EPA plans to release compliance guidance for the use of PCE in dry cleaning and for other industries affected by the TCE final rule.
  • Alternatives to TCE and PCE with comparable costs and efficacy to TCE and PCE are reasonably available, according to EPA evaluations.
  • Small businesses, including dry cleaners, may access transition funding if approved under President Biden’s Fiscal Year 2025 budget.

Additionally, the EPA will host a public webinar to explain what is in the PCE final rule and how it will be implemented on Wednesday, Jan. 15, 2025, at 12:30 p.m. EST.  Registration is available on the Final Regulation of Perchloroethylene under TSCA webinar page.

Next Steps for Businesses

While the EPA is allowing some uses of TCE and PCE to continue under stringent workplace safety controls for longer than the presented phaseout timelines in select industries, dry cleaning is not included as an exemption.  Therefore, dry cleaners who have not switched to non-chlorinated solvent options should begin preparing for the transition.  We will continue monitoring the TCE-PCE information that EPA shares to keep our clients informed.

We have partnered with dry cleaners for over 25 years to ensure our specialized environmental services protect the long-term interests and personal needs of dry cleaners. If you have questions concerning your dry cleaner, contact us today.

Addressing Indiana’s Housing Shortage: Unlocking Residential Development Opportunities on Brownfield Sites

BY: STEVE HENSHAW, LPG

As we’ve traveled across Indiana, engaging with mayors and local leaders, the issue of growing a workforce without an adequate housing inventory continues to be front and center. In response, we’ve launched an initiative aimed at identifying potential residential redevelopment sites within city limits by focusing on Brownfield properties.

Brownfields—sites impacted by past industrial or commercial use—often have the potential to be transformed into thriving residential spaces. With our specialized tools and expertise, we can assist cities in revitalizing these properties, potentially cleaning up environmental contaminants at little to no cost to the city or its taxpayers. At this year’s AIM Ideas Summit, EnviroForensics CEO Steve Henshaw spoke on this topic during his workshop “Finding Your Diamond in the Rough by Looking Closer at Problem Properties.” By rehabilitating these sites, we aim to contribute to the solution for Indiana’s housing shortage while turning underutilized land into valuable community assets.

We look forward to continuing our work with Indiana’s cities to create sustainable, affordable housing solutions that benefit both residents and local economies.

To learn more about our work, explore our Brownfields Redevelopment services.

Preparing for PFAS in Commercial Real Estate

BY: CASEY MCFALL, CHMM

You may (or may not) have heard of PFAS (per- and polyfluoroalkyl substances) and the recent U.S. EPA announcement designating two PFAS compounds as hazardous substances. There’s been a lot of doom and gloom posted about PFAS recently and while their hazardous substance designation will have effects that trickle down to commercial real estate, all is not lost. Below is a quick summary of what PFAS are and some immediate effects you may see in commercial real estate beginning July 8, 2024, when two (2) common PFAS compounds officially become hazardous substances.

WHAT ARE PFAS?

PFAS are a group of 9,000+ chemicals developed in the 1930s used in water-resistant textiles, paper products, non-stick coatings, and cleaning products. They are found in items like shampoo, cosmetics, non-stick cookware, stain-resistant or waterproofing products, fast food packaging, paints, and pesticides. Biosolids from sewer treatment plants, used as fertilizer, and aqueous film-forming foam (AFFF) used for fire suppression, can also contain PFAS. Electronic manufacturing and electroplating operations use PFAS too.

PFAS breaks down slowly in the environment, easily travel through groundwater, and can bioaccumulate in humans and animals. Research links PFAS exposure to health concerns in humans and animals.

REAL ESTATE IMPLICATIONS

Until recently, PFAS were regarded as emerging contaminants and were not officially listed as CERCLA hazardous substances. Two (2) common PFAS compounds (known as PFOA and PFOS) will become CERCLA hazardous substances on July 8, 2024.  Below are four ways the hazardous substance designation of these PFAS compounds may affect commercial real estate transactions going forward.

  1. Environmental screening levels for PFAS are very low and PFAS may be found at lots of properties. Studies have shown that PFAS can cause issues at very low levels in the environment; for example, common petroleum compounds are assessed at a part-per-billion (ppb) level; PFAS compounds are assessed at a part-per-trillion (ppt) level, a thousand times lower. PFAS do not easily breakdown and can readily travel when they encounter groundwater. PFAS may be present at many properties, even if the historical or current operations may not have directly used PFAS. Types of businesses that may have PFAS impacts includes, but is not limited to laundromats, car washes, dry cleaners, airports, firefighting training facilities, electronic manufacturers, oil refineries, plastic and paper mills, landfills, metal platers, and any business where non-stick or waterproofing applications are applied.
  2. PFAS will now be a consideration in Phase I ESAs. Historically, PFAS were considered out-of-scope items for Phase I ESAs, as the ASTM standard only calls for assessing CERCLA hazardous substances and petroleum products. Beginning July 8, 2024, the PFAS compounds PFOA and PFOS will need to be assessed during Phase I ESAs.
  3. A current Phase I ESA may identify PFAS as an environmental concern at properties where historical Phase Is may have not identified environmental concerns. PFAS were used in many processes and operations that were previously not considered issues. For example, laundromats (with no dry cleaning operations) and farm fields may have environmental concerns due to PFAS, whereas they may not have had issues previously. Other facilities, such as dry cleaners or electroplating operations, may have identified environmental concerns in their past Phase I and Phase II ESAs, but those historical reports likely did not address PFAS.
  4. Cost for environmental sampling (i.e., Phase II ESAs) may increase. PFAS sampling techniques can require increased time and stringent procedures to ensure cross-contamination will not occur. Laboratories will also need to analyze PFAS samples at extremely low levels, which will likely increase analytical costs. For example, analysis of groundwater for dry cleaning compounds is roughly $80 – $100 per sample. Current groundwater analytical costs for a PFAS sample can start in the high $300s and go up from there.

The bottom line is that the impending designation of PFAS as a hazardous substance may have far-reaching effects in the environmental world; however, this does not mean the sky is falling. Property owners and prospective purchasers should be aware of these upcoming regulations and a trusted environmental consultant can help guide you through the next steps.

EnviroForensics has a proven track record of helping business owners through environmental investigations and cleanup, often while business goes on as usual. EnviroForensics may be able to help find historical insurance to fund the investigation or connect you with third parties who can manage environmental liabilities for property owners or even purchase contaminated properties.

If you have questions regarding PFAS or any other environmental matter, please contact us at your convenience.

Casey McFall is the Director of Real Estate Services and Senior Scientist for EnviroForensics, LLC. Mr. McFall can be reached at 463-212-1815 or via email at cmcfall@enviroforensics.com.

Stephanie Deckard Joins EnviroForensics as Our New Director of Regulatory Compliance

EnviroForensics is proud to announce that Stephanie Deckard has joined our team as Director of Regulatory Compliance. Stephanie brings over 20 years of experience in the environmental consulting field. She will lead a team with broad experience in industrial and municipal compliance, permitting, and obtaining entitlements when converting previously contaminated properties into housing and mixed-use development projects.

EnviroForensics’ CEO Steve Henshaw says, “Stephanie has an excellent understanding of the needs and priorities of our industrial and municipal clients and sees and anticipates their issues before they become problems.”