The Wisconsin Supreme Court just did what no legislature ever would—they crowned the Wisconsin Department of Natural Resources (DNR) king, and handed it the power to bankrupt small businesses and property owners across the state.
In a stunning 5-2 ruling, the court gave the DNR free rein to bypass the legislature, bypass due process, and trample private property rights. With this decision, unelected bureaucrats can now declare anything “hazardous” and force you to pay for the cleanup—no matter if you caused the problem or not.
The Case That Gutted Property Rights
It all started with a property owner fighting a DNR order to clean up PFAS—so-called “forever chemicals.” The DNR claimed the Spills Law gave it the power to demand cleanup, regardless of who caused the contamination, how long ago it happened, or whether the owner had any connection to it at all.
The property owner argued this was government overreach, plain and simple. And they were right. But the court sided with the DNR, saying the agency could use 40-year-old law language to impose massive costs without legislative approval or meaningful oversight.
What This Means: No Recourse, No Fairness
This isn’t about protecting clean air or water anymore. It’s about power—unchecked, unelected power.
With this ruling:
- The DNR can declare anything on your property hazardous, whenever it wants.
- You’ll have no real ability to fight back.
- Cleanup costs could bankrupt small businesses, farmers, and homeowners.
- The legislature? They’re now just spectators while the agency makes its own rules.
The ruling tears up due process. It shreds the idea that laws should come from elected lawmakers, not bureaucrats with no accountability. And it puts every property owner in Wisconsin at risk of being crushed under the weight of impossible cleanup orders.
Time to Push Back
If this doesn’t sound like the Wisconsin you thought you lived in, you’re not alone. Even outlets like Wisconsin Public Radio are reporting just how sweeping this ruling is. It’s time for citizens and lawmakers alike to demand limits on this runaway agency power—before more families and businesses are destroyed by it.
