Michigan Court Overturns ‘Forever Chemicals’ Regulations

Michigan Court Overturns ‘Forever Chemicals’ Regulations

Levels of PFAS in locations tested by the U.S. Geological Survey. CourtesyU.S. Geological Survey

Drinking water in the city of Hillsdale is free of so-called forever chemicals, according to a report from the Board of Public Utilities. But last week Michigan’s Court of Appeals overturned the state’s regulations on the substances, which can contaminate water supplies. 

Industrial manufacturing company 3M sued the Michigan Department of Environment, Great Lakes, and Energy, challenging regulations that imposed cleanup costs on chemical companies if the department could prove they polluted the groundwater, according to Bloomberg Law

Per- and polyfluoroalkyl substances or PFAS, nicknamed “forever chemicals,” are grease-proof and waterproof and can last in nature for thousands of years, according to environmental group Clean Water Action. These substances appear in everyday products like non-stick cookware and fast food packaging. 

While the Hillsdale BPU found in 2022 that the city’s drinking water is not contaminated with “forever chemicals,” PFAS pollute the water in surrounding cities like Jackson, where the water includes higher than recommended levels of these substances – close to 10,000 parts per trillion – according to PFAS Exchange. 

High concentrations of PFAS exposure may bring adverse health outcomes, according to the Environmental Protection Agency.

Assistant Professor of Chemistry Ian Walsh said these side effects are still being studied. 

“What people are looking for more now is chronic exposure to these things,” Walsh said. “If we drink it once, it’s nothing. But if we drink it every year for 85 years of our life, what does that do? How do you study that?”

Michigan’s ruling comes after the United States Geological Survey released a report over the summer about PFAS water supply contamination. The USGS reported in July that more than 45% of test sites, from rural to urban areas, contained PFAS. 

The EPA links high PFAS exposure to increased risks of cancer, decreased fertility, endocrine dysfunction, and obesity. Scientists, however, are unsure if the relationship between these chemicals and the supposed side effects is one of correlation or causation. 

“Research is still ongoing to better understand the potential health effects of PFAS exposure over long periods of time,” the USGS report reads. “Their persistence in the environment and prevalence across the country make them a unique water-quality concern.”

The substances are prevalent: according to one report, 97% of Americans have these chemicals in their bloodstreams. 

But the Environmental Working Group says federal limits on chemicals in the water supply may not be enough to protect consumers. 

“The federal government’s legal limits are not health-protective,” the EWG states. “The EPA has not set a new tap water standard in almost 20 years, and some standards are more than 40 years old.”

While Walsh questioned the trustworthiness of government and businesses to solve the problem of water contamination, he said he doubts the safety standards imposed by activist groups like EWG. 

Environmental organizations would probably have the tendency to overestimate how bad something is — that’s their natural bias,” Walsh said, “whereas something like the government would be the opposite.”

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