On Friday, February 18, the DNR filed a motion for a stay in WMC v. DNR, a lawsuit challenging the DNR’s authority to sample for PFAS at the facilities of WPDES permit holders. On January 25, the Jefferson County Circuit Court issued a decision partly in WMC’s favor and partly in DNR’s favor. The court determined that the DNR could sample for PFAS at the facilities of WPDES permit holders, but it further concluded that DNR could not bring enforcement actions regarding PFAS until DNR enacts a regulation on PFAS standards. In the February 18 motion, the DNR asked the circuit court to stay (suspend) this ruling while this decision is appealed. The court addressed the motion at a hearing on February 24 and scheduled another hearing for March 1.
