U.S. Sen. Kirsten Gillibrand (D-NY) recently announced legislation that would allow victims to bring lawsuits against "per- and polyfluoroalkyl substances" (PFAS) polluters. The bill would enable those exposed to what are known as “forever chemicals” to hold manufacturers accountable.
Gillibrand introduced the PFAS Accountability Act during a video press conference last week.
PFAS is an umbrella term for thousands of man-made toxic chemical compounds. According to the Centers for Disease Control and Prevention (CDC), these manufactured compounds were produced as early as the 1940s and can be found in many consumer products such as non-stick cookware, water-repellent clothing, stain-resistant fabrics, cosmetics and some firefighting foams.
The chemicals are a public health concern and are associated with reproductive health issues, developmental delays in children and some cancers.
The senator’s legislation would enable the victims of what she called “significant” PFAS contamination to sue manufacturers of the toxic chemicals. Victims could also receive medical monitoring for detection and treatment of diseases associated with that exposure.
“It would make it easier for courts to award medical monitoring for these people to prevent against premature morbidity, disability or mortality,” said Gillibrand. “And it would incentivize companies to fund PFAS safety research so that we can learn more about these harmful chemicals.”
Gillibrand said significant exposure applies to anyone present in an area where “forever chemicals” were released for at least one year, or if PFAS contamination is present in a blood test.
Exposure includes local well water sources, as well as municipal water systems. The senator said that any sewage sludge, also called biosolids, would have to be tested for PFAS before it can be used in landspreading operations.
“You wouldn’t be able to spread the sewage if it had PFAS in it,” explained Gillibrand. “I will look at that rule and see if there's a requirement to test it before you spread it. But, you can’t reintroduce PFAS into our groundwater and into people’s communities. So, if you’re spreading anything, you’d have to test it for PFAS, or you’d be held accountable under the law.”
Landspreading uses human and industrial waste produced by wastewater treatment facilities as a type of fertilizer. New York state allows the practice of landspreading.
Associations and environmental advocacy groups that have endorsed the PFAS Accountability Act include: The International Association of Fire Fighters (IAFF), American Association for Justice (AAJ), the Environmental Working Group (EWG), the Natural Resources Defense Council (NRDC), Waterkeeper Alliance, Southern Environmental Law Center (SELC), EarthJustice, Riverkeeper, the Great Lakes PFAS Action Network, New York League of Conservation Voters (NYLCV), Environmental Advocates NY and the Buxmont Coalition for Safe Water.
Gillibrand is working with Rep. Madeleine Dean of Pennsylvania to lead this bill in the House of Representatives.