‘Forever chemicals’ are everywhereBy one measure, PFAS are present in the tap water of 19 million Americans across 43 states. They’re found in particularly high levels near military bases and airports where PFAS firefighting foam is used. C8 is no longer produced in the U.S., but companies have simply moved on to manufacturing other PFAS chemicals instead. Companies are not required to prove a chemical is safe before selling it, so there’s not enough research yet to know what the risks of exposure are. Two federal health agencies are spending $7 million to try to learn more, and early studies don’t look good. In 2005, thanks to Bilott’s exposé, the EPA fined DuPont more than $16 million, the largest administrative penalty the agency had ever imposed. But it hasn’t done much to regulate PFAS in the 15 years since. The EPA is still considering whether to set a safe drinking water standard for PFAS or require companies to report how much they release into the environment. Its only formal policy is a voluntary advisory level for contamination of drinking water — which is really just a suggestion, and one that critics say is far too lax.
States are taking matters into their own hands (and wallets)Some states, like Ohio and Pennsylvania, are investing in extensive testing for PFAS in their water supplies. Others, like New Jersey, New York, and Michigan, are spending millions on cleanup efforts and trying to enact their own drinking water standards that are much stricter than the EPA’s advisory level. Earlier this year, New Hampshire passed strict standards on its drinking water and became the first state to require water utilities to test for and treat PFAS. But that decision is getting challenged in court. 3M, which has a paper plant in the state and would be forced to install costly water treatment systems, is fighting back, arguing that no peer-reviewed science was provided to justify the standards. The presiding judge has issued an injunction on the new law. It’s just one example of how the companies who created this mess are still fighting regulations and denying accountability, despite settling thousands of lawsuits for contaminating people’s drinking water.
Good, old-fashioned lawsuitsSeveral states, including New Hampshire, are turning to Bilott’s tried-and-true method of suing PFAS manufacturers. More than 100 lawsuits seeking damages for PFAS contamination from firefighting foam have been filed by individuals, cities, states, and water utilities. Many of the suits have been consolidated to go to trial before a federal judge in South Carolina. Bilott is also still fighting. In 2018, he filed another class-action lawsuit against eight chemical companies, this time on behalf of everyone in the U.S. who has PFAS in their blood … so, everyone. This latest suit is not about money. Instead, Bilott wants the companies to pay for an independent science panel to study the health effects of the entire family of PFAS chemicals. The uncertainty around what these chemicals do to the body has given companies license to just keep producing new ones and allege that they are safer. The book on PFAS was first opened by Bilott, and by establishing the science on them once and for all, he may yet be the one to help close it.
This story was originally published by Grist with the headline ‘Dark Waters’ tells the origin story of a public health nightmare. We’re still living it. on Dec 5, 2019.