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.
