“Forever Chemicals” and Water — The Environment at 5280

By: Casey Morris

Per- and polyfluoroalkyl substances, better known as PFAS, are common, non-naturally occurring chemicals that are used in non-stick pans, waterproof clothes, and firefighting foams among other every-day uses. While man-made chemicals in industrial and consumer products are nothing new, PFAS are unique in two respects: first, studies show a correlation between PFAS and risk of cancers; and second, PFAS do not break down easily—they can persist in bodies and the environment over decades. This feature has earned PFAS the nickname “forever chemicals.”

According to the Centers for Disease Control, most of the U.S. population already have PFAS in their bloodstreams. Some reports estimate that as many as 99% of Americans have PFAS-contaminated blood.

One of the most common sources of exposure is drinking water. PFAS are in the tap water of at least 33 states and Puerto Rico, polluting the water of at least 16 million people. Groundwater in at least 38 states is polluted with PFAS. This widespread pollution coupled with the inability of PFAS to break down naturally means that the problem is not one that will go away on its own.

PFAS have already been the basis for extensive litigation. Even Hollywood has started to take notice. The new film Dark Waters portrays the true story of Rob Bilott, a former defense lawyer who switched sides from defending chemical companies to representing a 70,000 member class action suit against DuPont, the massive chemical company that allegedly contaminated drinking water with PFOA, a PFAS used to produce Teflon. Bilott has continued his work representing plaintiffs in lawsuits regarding PFAS, including a $671 million settlement he negotiated on the behalf of over 3,500 plaintiffs. That settlement came following allegations that DuPont had knowingly contaminated drinking water with dangerous chemicals, and that the plaintiffs contracted diseases, including cancer, as a result.

Last year in Colorado Springs, Security Water District and the Pikes Peak Community Foundation filed a lawsuit against the federal government seeking $17 million in damages for contamination of local drinking water. The complaint alleges that the federal government negligently disposed of chemicals and failed to remediate contamination through the use of PFAS-containing firefighting foams on Peterson Air Force Base that seeped into groundwater aquifers. The Air Force has admitted to its use of firefighting foams that contain PFAS, but declines to accept responsibility for health effects which it claims are without a clear causal connection to the firefighting foams.

The problem in Colorado Springs has been emphasized by recent scientific evaluations of the area. Researchers from ColoradoSPH and Colorado School of Mines performed a study of 220 residents of El Paso County (the county that Colorado Springs sits in) and discovered chemical levels significantly above the national average, up to 12 times higher than median levels in the U.S. population. An Environmental Protection Agency test of water sources nationwide found PFAS levels at one drinking well in Security (just south of Colorado Springs) to be 20 times higher than the EPA health advisory level. Local officials say that as many as 70,000 residents may have been exposed.

Despite the certainty that PFAS pose a massive health risk, a national response to solve the problem still seems unlikely. The federal government is divided in response to the PFAS issue. In early January 2020, the U.S. House of Representatives voted in favor of a bill that would require the Environmental Protection Agency to classify PFAS as hazardous substances. Such a designation would allow for funding to clean up sites with high levels of contamination. However, the Trump Administration announced that it would veto the bill, citing concerns about high compliance costs that would be imposed on businesses and states.