One of the Greatest Environmental Threats We Face Today, ‘Forever Chemicals’ Are Here to Stay for Now, As Well As the Lawsuits That Come with Them

In 1938, a scientist at Dupont named Roy J. Plunkett discovered by accident a new, highly resilient chemical compound that would later become known as Teflon. This compound was the first in a large family that now includes over 9,000 chemicals that are called per- and polyfluoroalkyl substances or PFAS. Having been in widespread use across the world since the ‘40s, what were once lauded as miracle chemicals for their resistant properties, are now present nearly everywhere on the globe from arctic glaciers, private and municipal water sources, and even our own bodies.

PFAS, or ‘forever chemicals’ as they have been branded, came into such widespread use because they are highly resistant to heat and fire, water, grease, and stains, making them useful for products such as tech hardware, food packaging, upholstery, and clothing. However, it is these same attributes that give them their new moniker, as they last practically forever due to their inability to be broken down in the environment or by organisms. A study on PFAS estimated that the chemicals exist in 98% of the US population, and research continuously shows PFAS to be toxic. While scientists are still not entirely sure where our exposure to PFAS predominantly comes from, it is becoming increasingly apparent that our water supplies are contaminated. 

In the last several years, over 4,000 lawsuits have been filed by numerous US states and municipalities against chemical manufacturers of PFAS, most notably 3M and Dupont, as well as two of Dupont’s off-shoots Chemours and Corteva, primarily for the effects from firefighting foam the companies have manufactured for years. Just last month Dupont, Chemours, and Corteva reached a settlement for $1.185B collectively while 3M agreed to the largest PFAS related settlement to date up to $12.5B, in the bellwether trial with the city of Stuart, FL. These settlements only account for about 600 of the cases filed, which do not even include the 5-6,000 personal injury claims on file. Johnson Controls, who acquired the problem in their 2016 merger withTyco International, has been under fire for contaminated drinking water in Peshtigo, WI, a city very near a site where the Navy first tested aqueous film-forming foam (AFF), the substance which has caused so many water supplies from coast to coast to be contaminated.

Concern over the toxicity of PFAS began when 3M submitted a toxicological report to the Environmental Protection Agency (EPA) back in 1998. Contained within the report, 3M disclosed that they had been conducting animal studies with PFAS in the 1970s to determine if the substances were harmful.Their tests showed adverse health effects in the animals, and by the late 70s they had determined that the chemicals had entered the general population. By the late 80s 3M had determined that two specific chemicals, PFOA and PFOS (two chemicals present in AFF), were dangerous to humans and were widespread in the population. One of their scientists stated in the study that a safe amount to be present in human blood was 1.05 parts per billion, which he also determined to be about 1/30 the average amount found in people. The scientist described the two PFAS as “insidiously toxic”, and the report led to further research and study into health effects from ‘forever chemicals’, and for a voluntary agreement between the EPA and PFAS manufacturers to phase out the use of PFOA and PFOS by 2005.

The EPA has determined that approximately 600 ‘forever chemicals’ are in commercial use today and have compiled a list of 189 PFAS for the Toxics Release Inventory (TRI) having added 9 more last month. Their research has shown a connection between health problems such as heightened cholesterol, thyroid disease, kidney and testicular cancer, developmental defects for babies exposed while in utero, and numerous others which are believed to have a connection.

The agency has also performed extensive research into PFAS contamination in water supplies, and while originally determining safe levels to be 70 parts per trillion they have more recently announced that they believe safe levels for drinking water to be 4 parts per trillion. This largely became a public concern in 2015 when the EPA told the people of Hoosick Falls, NY to not drink their water as it was determined to contain toxic levels of PFAS.Since then, more and more communities have been coming forward as having been affected, both with adverse health effects but also with costly endeavors to clean up contaminated ground water, municipal water supplies, and private wells. Those areas most greatly affected are generally near either airport, military bases, or firefighting training sites: locations where AFF had been used in great amounts. 

Both Dupont and 3M have faced lawsuits for ‘forever chemicals’ contamination in 2017 and 2018 respectively, Dupont agreeing to pay $670M and 3M paying $850M. While these chemical manufacturers have largely been compliant in these lawsuits, which also include contamination as a result of manufacturing PFAS, they have been nearly as resistant as PFAS to admitting fault for damages caused by the chemicals. In some cases, they have disputed the results of the EPA’s research as well as the costs determined by the plaintiffs in these cases, some of their claims even being backed by theAmerican Chemistry Council. 3M has also defended itself by stating that they predominantly only worked in compliance with government orders for the products, and as a result should not be held liable for contamination in such cases. These companies have come under fire for this response as well, with many victims claiming the PFAS manufacturers have not been forthcoming in the amounts they manufacture, the effects of the chemicals, and how widespread the contamination is. While 3M has announced they plan to cease all production and use of ‘forever chemicals’ by 2025, Chemours has announced that not only do they intend on continuing to manufacture them but also plan on increasing production of certain PFAS, insisting that they have been and will continue to manufacture them responsibly. 

On top their continued research, the EPA has been working to create legislation that would regulate PFAS. While they have, along with otherUS agencies, begun to phase some of the harmful chemicals out of production already, earlier this year they proposed new regulations for PFAS levels in drinking water. This proposal would create limits for 6 different ‘forever chemicals’,including PFOA and PFOS which would be measured individually and the other 4 in combination with each other, one of those being Gen X, a chemical designed to be a safe replacement for PFOA and PFOS in firefighting foam in the 2000s. They estimate that these regulations would affect water systems that serve roughly94 million people across the US, which would inevitably be very costly for those needing to implement these changes. It is expected that these new regulations will lead to even further liability for these chemical giants and inevitably more lawsuits as costs for communities continue to pile up.

Perhaps the most disheartening aspect of the threat of PFAS, is the lack of resources for dealing with them. Some are able to be destroyed by extreme incineration at temperatures of at least 2370°F (1500°C), however, due to their incredibly strong chemical bonds most cannot be broken down in this manner, and for those PFAS in water this is certainly not an option. It can be filtered out of water with activated carbon, but these systems are incredibly costly at the volumes many require, and it still leaves you with the problem for safely disposing of the chemicals, for which there is no safe method at this time. There are other methods that research has shown to be effective in breaking down the chemicals, such as supercritical water oxidization and using plasma reactors, but these have not shown to be feasible at a large scale. Very new research has shown that some naturally occurring bacteria are able to break certain PFAS in an efficient and cost-effective manner, however it is not yet determined if the byproduct is toxic or not. Even hemp has been shown to be able to safely absorb some ‘forever chemicals’, but as of yet, there is no tried and true way to get them out of the environment or much less our bodies.

 This is far from just a US issue, and safe and clean drinking water is an issue across the globe for a number of reasons. Australia has also had to address contamination concerns related to PFAS recently, and France has had to address their drinking water being contaminated by pesticides. In a world where global warming has been a primary concern for environmentalists, the earth’s safe drinking water supplies and PFAS contamination across the board is quickly catching up. Just as those who first made and used ‘forever chemicals’ could never imagine and would never see the catastrophic effect they would have on the world and its inhabitants today, we will likely never get to see the fruits of these efforts and a world free ofPFAS.