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WMC Litigation Center Update: WMC v. DNR

On February 28, the Jefferson County Circuit Court filed an order clarifying its January 25 decision 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 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. On February 18, the DNR asked the circuit court to stay (suspend) its ruling while this case is appealed. On February 28, the circuit court responded to that request by issuing an order clarifying that its decision is limited to DNR’s authority to sample for toxic substances.

Read more about the case here.

Read the Order of Clarification here.