Regulatory Law

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WI Court of Appeals – District I

Case Name: Wisconsin Manufacturers and Commerce, Inc. v. Wisconsin Department of Natural Resources

Case No.: 2022AP000175

Officials: White, J.

Focus: Regulatory Law

In March 2021, Wisconsin Manufacturers and Commerce, Inc. (WMC) sued the Wisconsin Department of Natural Resources (DNR) to stop it from conducting a sampling program as part of the permanent rulemaking process to develop surface water quality regulatory criteria for polyfluoroalkyl and perfluoroalkyl compounds (known as PFAS) The DNR appeals from the order granting partial summary judgment in favor of WMC, and WMC cross-appeals from the same order with regard to the partial summary judgment granted to the DNR. Because the underlying controversy relating to the testing and regulation of effluent raised in WMC’s complaint has been resolved through the rulemaking process and the resulting regulations were effective as of August 1, 2022, the appeals court concludes that this appeal is moot.

Reversed, Remanded

Decided 07/18/23

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