Judge Puts DNR’s Sampling Plan on Hold

A Jefferson County Judge granted a Temporary Restraining Order to stop the Wisconsin Department of Natural Resources (DNR) from sampling for PFAS at industrial facilities, which the agency initially planned to begin as early as this week. Wisconsin Manufacturers & Commerce (WMC), the state’s chamber of commerce, is taking legal action in an attempt to stop the DNR’s proposed PFAS sampling program at specific facilities selected by the agency. WMC argues that the DNR does not have authority to test for substances that it does not currently regulate, and that the program does not consider background levels, and could, therefore, unfairly stigmatize businesses as polluters. The case was filed March 29, along with a request that the DNR be prohibited from beginning testing while the case is pending.  The Court granted the Temporary Restraining Order which prevents the DNR from collecting samples at the facilities at least until a hearing is held on Thursday, April 1.

We will continue to provide updates regarding the DNR’s PFAS sampling plan as more information is available. If you have questions about this, contact your Reinhart attorney.