PFAS Update: DNR Proposes Permanent Foam Rule, Provides Fiscal Analysis

The Wisconsin Department of Natural Resources (DNR) has announced a public hearing and comment period on its proposed final rule related to firefighting foam containing PFAS. The rule is a result of Wisconsin Natural Resources Board (NRB) board order WA-07-20. A public hearing on the rule will take place on November 4, 2021, while written […]

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PFAS Update: State Hires California Firm to Litigate PFAS Claims; Other Lawsuits in Progress

On August 25, Wisconsin Attorney General Josh Kaul (D) and Governor Tony Evers (D) announced that the state had hired a law firm, Sher Edling LLP, to litigate against companies responsible for discharging PFAS compounds in Wisconsin. According to a press release from the Department of Justice (DOJ), Sher Edling “represents state and local governments […]

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PFAS Update: Natural Resources Board Approves Hearing, Comment Period for PFAS Drinking Water Rule

At its May 26 meeting, the Wisconsin Natural Resources Board (NRB) authorized the Department of Natural Resources (DNR) to hold a preliminary public hearing and comment period on the agency’s scope statement for board order DG-31-20. The scope statement is an early version of the agency’s proposal to amend chapter NR 809 of the Wisconsin […]

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PFAS Update: Legislators Reintroducing CLEAR Act; DNR Releases Economic Impact Analysis for Cycle 10 Groundwater Rule

A group of Democratic state legislators backed by Wisconsin’s governor are reintroducing legislation called the Chemical Level Enforcement and Remediation or “CLEAR” Act. The bill includes a variety of provisions to regulate per- and polyfluoroalkyl substances, a family of thousands of manufactured chemicals commonly known as PFAS. In addition to legislative efforts regarding PFAS, the […]

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PFAS Update: Governor Approves Two DNR Scope Statements Including New PFAS Standards

Earlier this month, Governor Tony Evers approved two scope statements from the Department of Natural Resources (DNR) that propose new regulations related to groundwater and drinking water. These statements are the first step in the rulemaking process that state agencies must use to create new regulations. The first scope statement, SS 029-21, proposes changes to […]

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PFAS Update: Several PFAS-Related Lawsuits Filed in Wisconsin

On Thursday, March 4, the City of La Crosse filed a lawsuit against 23 companies that manufactured, marketed, or sold firefighting foam containing perfluoroalkyl and polyfluoroalkyl substances, a class of chemicals commonly known as PFAS. The foam, known as aqueous firefighting foam (AFFF), is used to extinguish fires involving flammable liquids like airplane fuel. PFAS […]

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PFAS Update: DNR and EPA Actions

EPA Announces Rulemaking Plans Related to PFAS On February 22, the U.S. Environmental Protection Agency (EPA) announced two regulatory actions related to PFAS in drinking water. First, the EPA reissued final regulatory determinations for its fourth Contaminant Candidate List (CCL 4), which lists substances that the agency may decide to regulate under the Safe Drinking […]

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PFAS Update: State Seeks Outside Lawyers to Litigate Against PFAS Dischargers

On Friday, January 22, Governor Tony Evers announced that his administration is soliciting bids from law firms to find a legal team to litigate against companies responsible for discharging PFAS compounds in Wisconsin. This is one of many recommendations from the state’s PFAS Action Plan, published late last year by the governor’s PFAS Action Council. […]

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PFAS Update: JCRAR Suspends DNR’s Foam Rule; Tyco Settles Lawsuit with Peshtigo Residents

Since the last edition of Tidbits, there have been several updates on the PFAS front. On December 18, the Department of Natural Resource’s (DNR) emergency rule on firefighting foam was partially suspended by the Legislature’s Joint Committee for the Review of Administrative Rules (JCRAR). The emergency rule is a result of 2019 Wisconsin Act 101, […]

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PFAS Update: DNR Stakeholder Meeting and WisPac Releases Draft Plan

Stakeholder Group for PFAS Rules On Friday, October 9, the Department of Natural Resources held another Stakeholder Group for PFAS Rules. The meeting focused on the background regarding the economic impact analysis (EIA), the EIA conceptual framework for Water Quality Standards rule and wastewater and drinking water sampling efforts. From a high-level perspective, the DNR […]

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