(The Center Square) – The Wisconsin Supreme Court ruled, in a 5-2 decision, that the Wisconsin Department of Natural Resources can enforce rules against companies deemed to have polluted the environment without going through a formal rulemaking process including defining the pollutants and amounts allowed with legislative oversight.
“Wisconsin’s Spills Law safeguards human health and the environment in real time by directly regulating parties responsible for a hazardous substance discharge,” the ruling stated. “Responsible parties must, on their own initiative, immediately report a discharge to the DNR, restore the environment to extent practicable, and minimize the harmful effects on our air, lands, and waters.”
The ruling went on to explain that the DNR has the power of enforcement and determination that hazardous substances are present.
“The DNR has explicit authority to enforce a threshold for reporting the discharge of hazardous substances,” the ruling stated.
The ruling was applauded by Wisconsin Gov. Tony Evers and panned by groups such as the institute for Reforming Government.
“The liberal majority on the Wisconsin Supreme Court just handed over even more power to unelected bureaucrats,” Daniel Suhr, IRG Court Watch Legal Fellow, said in a statement after the ruling. “Tuesday’s ruling empowers bureaucrats at state agencies like the DNR to rule Wisconsin by letter and blog post, making important policy decisions while denying everyday citizens and the Legislature the opportunity to make their voices heard through the rulemaking process.”
IRG pointed to a recent IRG poll stating that 49% of voters said bureaucrats that exercise too much control over individuals’ lives are a threat to democracy.
Evers said in a statement that he believed the ruling will allow the DNR to protect Wisconsin from pollutants.
“This is a historic victory for the people of Wisconsin and my administration’s fight against PFAS and other harmful contaminants that are affecting families and communities across our state,” Evers said in a statement. “The Supreme Court’s decision today means that polluters will not have free rein to discharge harmful contaminants like PFAS into our land, water, and air without reporting it or taking responsibility for helping clean up those contaminants.”
