PFAS contamination is a multi-faceted problem, so we need multi-faceted solutions, including:
Stopping the flow of new PFAS chemicals into the market
In April 2021, Earthjustice filed a petition on behalf of community organizations, first responders, and environmental advocates asking EPA to close regulatory loopholes in the Toxic Substances Control Act (TSCA) that companies repeatedly exploit to get new PFAS approved. Even though PFAS can be dangerous at very low levels of exposures, often companies bring new PFAS to market through exemptions to TSCA’s required safety review that are supposed to be used only for chemicals that “will not present an unreasonable risk” of harm. The result is either no safety review or a curtailed one for those chemicals.The 2021 Petition asked EPA to amend the relevant exemptions to prohibit their use for PFAS, and Earthjustice filed another petition in 2022 asking EPA to revoke the approval of all PFAS that had been granted under certain exemptions.
Protecting communities from dangerous PFAS incineration. On behalf of communities surrounding hazardous waste incinerators, Earthjustice suedthe Department of Defense in February 2020 over its contracts to burn millions of gallons of unused firefighting foam containing PFAS. The incineration of PFAS can result in the formation of additional PFAS and other toxic chemicals, yet DOD awarded those contracts without the required environmental review and proceeded to incinerate PFAS in violation of applicable legal requirements. According to government documents, PFAS incineration already took place or is taking place in East Liverpool, Ohio; Arkadelphia and El Dorado, Arkansas; Cohoes, New York; and other communities across the country.
Pushing for stronger federal regulation of PFAS contamination.We’ve filed comments on behalf of children, women, health, environmental and conservation organizations in response to the EPA’s request for information onspecific near-term actionsthat the agency should take to address PFAS. Earthjustice has also commented on how government and industry are notifying communitieswhen PFAS are released,pretreatment standards for PFASunder the Clean Water Act, and manufacturers’ applications to EPA to approvenew PFAS.
Pressing for stronger implementation of state PFAS laws.After dedicated Earthjustice advocacy, in July 2020, New York State passed a groundbreaking drinking water standard that requires regulators to test for and remove two PFAS chemicals. Though a good first step, clean water organizationsemphasizedthat the state must do more to cut off our exposure to these toxic chemicals by regulating the entire class of PFAS.
Defending the public’s right to know of PFAS releases and exposures. We successfully advocated for legislation adding hundreds of PFAS to the Toxics Release Inventory (“TRI”), a searchable, online database of chemical releases and disposal. On behalf of PFAS-impacted communities and environmental organizations, we then sued EPA to eliminate reporting loopholes that allowed chemical plants and military bases avoid disclosing their PFAS emissions, resulting in a proposed rule that would close those loopholes and increase the public’s information about PFAS releases and exposures.
Obtaining medical monitoring for communities impacted by PFAS contamination.In October 2018, Earthjustice attorneys successfully argued against a federal immunity defense that tried to bar residents living near military bases in southeastern Pennsylvania that industry exposed to high levels of PFAS from seeking justice through the U.S. legal system. Unfortunately, a U.S. district court judgetossedthe lawsuit in January, largely due to the unregulated legal status of PFAS. As a result, the suit can only move forward once federal and state regulators do their jobs and act on these chemicals.
Earthjustice also submitted a court brief advocating for medical monitoring for Hoosick Falls, New York, residents exposed to PFAS contamination after companies discharged PFOA into nearby groundwater and the municipal drinking water supply. In May 2020, an appeals court agreed that medical monitoring claims for all exposed residents could proceed, regardless of whether they were already sick. Because there are only a handful of similar cases on the books, this victory provides much-needed support for communities seeking ways to protect themselves and hold polluters accountable.
How to stop PFAS contamination: Demand the EPA designate the entire class of PFAS chemicals as hazardous — a critical step in holding industries and agencies accountable for the damage that has been done.
