New York Attorney General Letitia James announced on Monday, Nov. 15, that she is leading a coalition of 19 attorneys general from around the nation in urging the U.S. Senate’s Committee on Environment and Public Works (EPW) to strengthen public health and environmental protections against “forever chemicals.” These chemicals, a class of highly toxic, chemical compounds known as poly and per-fluoroalkyl substances (PFAS), are widespread, persistent contaminants in the environment, including in drinking water in New York, and in many other states.

 

In a letter addressed to EPW leadership, the coalition argues that the serious dangers posed by PFAS, combined with the tens of millions of taxpayer dollars that coalition states are currently spending to protect residents from these dangers, is grounds for swift congressional action.

 

In the context of the announcement, James, who has indicated that she is running for the rule of Governor of New York, said, “These toxic ‘forever’ chemicals endanger the wellbeing of communities across our state, and we need the U.S Senate to join the House to immediately combat this threat.” She added, “We strongly urge Congress to take swift action to give our states the tools we need to address the dangers these chemicals pose to our communities.”

 

According to officials at the New York State Department of Health, as of September 2021, PFAS have been detected in almost 40 percent of public drinking water supplies in the state, including 60 percent of supplies serving more than 10,000 people. They said almost 120 violations of New York state’s health-based drinking water standards have been found in these public supplies.

 

In the letter, the coalition is urging the EPW Committee to “pass or build on” the bipartisan PFAS Action Act of 2021, passed by the U.S. House of Representatives in July. Specifically, the letter identifies several legislative priorities of the coalition states, including:

• promoting the prompt and effective cleanup of PFAS by designating the chemicals as “hazardous substances” under the federal Superfund law;
• protecting public health by designating PFAS as “hazardous air pollutants” under the federal Clean Air Act and prohibiting the unsafe incineration of the chemicals;
• protecting public health by establishing national drinking water standards for PFAS and controlling PFAS discharges;
• providing funding for drinking water suppliers to cleanup PFAS in their drinking water;
• providing funding to states to protect against and respond to PFAS contamination;
• making medical screening available to all U.S. Department of Defense personnel and members of the public who may have been exposed to elevated levels of PFAS; and
• prohibiting the use and limiting the storage of PFAS-containing firefighting foam at federal facilities.

 

According to information provided by the attorney general’s office, PFAS are man-made chemicals that have been used to produce countless consumer products since the 1940s, including textiles with Scotchgard; Teflon products, including non-stick cookware; food packaging; and waterproof clothing. Officials said firefighting foam containing PFAS has also been used for decades by the U.S. military, airports, industrial facilities, and local fire departments, and PFAS are estimated to be detectable in the blood stream of 99 percent of the U.S. population.

 

They added that PFAS generally appear to be highly toxic to humans and animals, and they are extremely resistant to degradation in the environment. They said that is why PFAS are known as “forever chemicals.” Although scientific knowledge regarding PFAS is still developing, officials said some PFAS are linked to serious adverse health effects in humans and animals. Exposure to the two most studied types of PFAS are associated with kidney and testicular cancer, thyroid disease, liver damage, immune system effects, and other conditions.

 

In addition to the letter, James is actively litigating lawsuits against 3M and other makers of PFAS-containing firefighting foam products for the contamination caused by the use of their products and the creation of a public nuisance. The lawsuit seeks to recover at least $51 million in costs incurred by the State in connection with the clean up of dangerous chemicals, the provision of alternate drinking water sources, and other actions.

 

Joining James, in sending the letter to the Senate EPW Committee, are the attorneys general of California, Connecticut, Delaware, Iowa, Illinois, Massachusetts, Maryland, Maine, Michigan, Minnesota, North Carolina, Oregon, Pennsylvania, Rhode Island, Virginia, Washington, Wisconsin, and the District of Columbia.

 

This matter is being handled by assistant attorneys general, Matthew J. Sinkman and Philip Bein, and policy advisor, Peter C. Washburn, of the environmental protection bureau, which is led by bureau chief, Lemuel M. Srolovic. The bureau is a part of the division for social justice, which is led by chief deputy attorney general, Meghan Faux, and overseen by first deputy attorney general, Jennifer Levy.