Sen. Wimberger Asks Gov. Evers for Help With New PFAS Legislation

Wimberger Goes After PFAS Contamination

One Wisconsin Republican is asking Gov. Tony Evers for help in writing a new law to deal with PFAS contamination.

Sen. Eric Wimberger, R-Oconto, on Friday sent a letter to Evers asking for the specifics that the governor would like to see on a new law that deals with so-called forever chemicals in Wisconsin’s water and soil.

“Please provide me [with] draft language, or even ideas you find acceptable, to protect victims of pollution from unnecessary and oppressive State domination,” Wimberger wrote. “You expressed publicly in Marinette that you wanted to protect innocent landowners. Let’s do that.”

Evers has said dealing with PFAS contamination is one of his biggest priorities as governor.

PFAS is the common name for per- and polyfluoroalkyl chemicals and products They are used in everything from fast food wrappers, to Teflon coating, to firefighting foam. Many of Wisconsin’s PFAS cases are tied to firefighting foam. Critics say PFAS chemicals break down very slowly, though the science is split on just how harmful PFAS chemicals are to people.

Wimberger has been working for years to find a compromise with Evers and his fellow Democrats on PFAS contamination. He said the goal should be to clean Wisconsin’s waters, not find someone to sue.

“Current law does not distinguish participation or intent in the polluting act,” Wimberger wrote. “The innocent landowner is subject to the exact same emitter rules and penalties as the point source polluter upstream simply because they possess a contaminated land regardless of how it became contaminated.”

Wimberger got a piece of legislation through the Assembly and Senate last year. It would have $125 million on PFAS clean-up across the state, but it included an “innocent landowner” provision. Gov. Evers vetoed that legislation, in part because of the clause that did not allow the state to sue landowners who discovered PFAS contamination on their land, but had nothing to do with the source of the pollution.

Wisconsin Public Radio reported last week that some insurance companies are refusing to cover the costs of losses because of PFAS pollution.

Wimberger said that shows there’s a need to act quickly to protect innocent landowners and businesses in Wisconsin.

“What are you envisioning in [your] ‘just in case’ scenario so I can account for it while protecting innocent landowners?” Wimberger added in his letter. “Without your specific desires expressed, I and the legislature are left guessing through trial and error over many years what might be something acceptable.”