Crusading Environmental Lawyer Praises EPA Limits on ‘Ceaselessly Chemical compounds’

The lawyer who helped contaminated communities win the primary lawsuits over air pollution from “endlessly chemical compounds” mentioned the U.S. Environmental Safety Company’s new rule on PFAS chemical compounds in water is a historic, if lengthy overdue, step ahead for public well being safety.

“It is a day I assumed I’d by no means see,” Rob Bilott mentioned in a press briefing following the EPA’s announcement Wednesday of latest ingesting water requirements for a number of PFAS chemical compounds. “It took us a very long time to get right here, method too many many years handed. However now we will begin shifting ahead.”

Bilott, a associate within the Cincinnati legislation agency Taft Stettinius & Hollister LLP, mentioned he first alerted regulators concerning the potential dangers from PFAS chemical compounds 21 years in the past. As he investigated considerations from residents close to a chemical facility that manufactured PFAS chemical compounds, he found proof that publicity could possibly be linked to a variety of well being issues.

EPA Administrator Michael Regan set robust new ingesting water requirements on Wednesday that may require water programs to check for a number of PFAS chemical compounds and management them to ranges of just some components per trillion. The EPA requirements are the primary nationwide, legally enforceable limits on PFAS chemical compounds, and public well being advocates mentioned they’re among the many strongest such requirements worldwide.

“The scientific info and fact concerning the risks posed by these toxins have lastly prevailed over the many years of company cover-ups,” Bilott mentioned.

1000’s of associated fluorinated alkyl chemical compounds, collectively referred to as PFAS (perfluoroalkyl and polyfluoroalkyl substances), have been used for many years in nonstick pans, waterproof and stain-resistant clothes, firefighting foam and a bunch of different merchandise.

As soon as within the surroundings, nonetheless, PFAS chemical compounds are very gradual to interrupt down and might accumulate and persist within the human physique. Well being research hyperlink publicity to a number of types of most cancers, start defects, developmental issues in kids and a variety of different well being threats, and it is estimated that about half of all U.S. faucet water is tainted with some degree of PFAS.

Bilott’s work helped to convey that info to gentle. Now, he says vital work stays to restrict additional PFAS air pollution and to pay for water testing and remedy.

“It is vital to verify the price of implementing this does not get handed on to the victims of this contamination,” he mentioned.

Group Motion Paved the Approach

Bilott’s work on PFAS began with residents within the Ohio River Valley who had questions on doable contamination from a DuPont facility close to Parkersburg, West Virginia. The lawsuit and investigation revealed that DuPont knew about potential well being impacts of publicity to PFAS chemical compounds however saved that info hidden.

An early authorized settlement established a widespread system to gather organic samples and medical histories from hundreds of residents who might need been uncovered to PFAS chemical compounds by way of ingesting water.

“That was the neighborhood that supplied up blood samples and medical info and volunteered time for medical research,” Bilott mentioned. An unbiased medical panel then assessed the info gathered to establish potential hyperlinks between publicity and sure diseases, laying the groundwork for each additional litigation and extra medical analysis.

“It was these of us who actually led the best way in establishing the science,” Bilott mentioned.

Bilott’s agency gained $750 million in compensation for the world’s residents, and an ongoing program put in place in 2013 permits free medical screening for individuals within the space to help early analysis of well being points that may be linked to PFAS publicity.

Subsequent authorized motion towards DuPont and different PFAS makers, together with 3M, has resulted in billions of {dollars} in judgments and settlements to handle damages and assist pay for water cleanup.

Business representatives criticized the EPA’s new requirements, elevating considerations concerning the prices of water remedy that will likely be required and casting doubt on the science linking PFAS publicity to well being issues.

The American Chemistry Council, the main commerce group for chemical corporations, issued an announcement expressing “critical considerations with the underlying science” the EPA used to develop the requirements.

The American Water Works Affiliation, which represents many water programs, mentioned its evaluation of the EPA requirements estimates that it’s going to price virtually $4 billion yearly, a number of instances greater than what the EPA estimated.

‘Confirmed Options’ for the PFAS Problem

EPA Administrator Regan returned to his house state to announce the brand new water requirements at an occasion in Fayetteville, North Carolina.

“This battle began for me proper right here in Fayetteville,” Regan mentioned. As director of the state’s Division of Environmental High quality, Regan had labored with residents of Fayetteville and different communities that drew ingesting water from the Cape Worry River, which had been severely impacted by PFAS contamination.

Regan used the occasion to rebut criticism concerning the cash that will likely be required to fulfill the brand new normal.

“People, you are going to hear individuals discuss price, and it may possibly’t be performed, and we should not do that,” Regan mentioned. “Let me simply let you know it may be performed, it may be achieved utilizing a variety of applied sciences and approaches that many water programs are utilizing right this moment.”

Fayetteville’s water system has opted for a granular-activated carbon remedy system to take away PFAS contamination with a projected price of $80 million. The town is getting assist from state and federal funding, together with cash from the federal Bipartisan Infrastructure Legislation. The EPA introduced Wednesday an extra $1 billion in newly out there funding from the legislation for water system enhancements and testing for personal properly water.

The water know-how firm Xylem, which has provided PFAS remediation gear to greater than 80 water programs, mentioned in an announcement that PFAS is a critical problem and as many as 5,000 utilities could should take motion to cut back contamination.

“Fortuitously, there are sensible methods for communities to take away PFAS from ingesting water,” Xylem Senior Vice President and Chief Progress and Innovation Officer Snehal Desai mentioned. “Confirmed options exist.”

Different corporations, together with Milwaukee-based Zurn Elkay, are providing filtration programs to take away PFAS from water at factors of consumption, resembling water coolers and fountains in faculties and workplaces.

Each corporations seem on Newsweek‘s 2024 listing of America’s Most Responsible Companies. Xylem ranks second total and Zurn Elkay ranks 78th among the many 600 listed corporations.

Public well being and environmental advocates burdened the prices from chemical publicity and the estimated well being advantages of lowering PFAS in water.

“The EPA has ready a really complete financial evaluation that appears on the unimaginable illness burden of not taking motion on these chemical compounds,” Melanie Benesh, vice chairman for presidency affairs on the Environmental Working Group, advised Newsweek. The EPA estimates $1.5 billion in advantages from the brand new requirements.

“That profit is absolutely translated in hundreds of lives saved and tens of hundreds of significant diseases prevented,” Benesh mentioned.

Lawyer Bilott mentioned settlements with corporations liable for contamination will be directed towards a number of the prices of water remedy, and he’s hopeful that the brand new requirements may even assist to advance different laws to restrict the discharge of extra PFAS chemical compounds.

“What you see now worldwide is efforts to attempt to cease these items on the supply, to maintain extra of it from popping out into the world,” he mentioned.

Bilott wrote about his expertise holding PFAS chemical makers accountable in a ebook, Publicity: Poisoned Water, Company Greed, and One Lawyer’s Twenty-Yr Battle In opposition to DuPont, which was the premise of a 2019 movie, Darkish Waters, starring Mark Ruffalo as Bilott.

Ruffalo, who’s well-known for his assist of environmental causes, issued his personal assertion on the EPA’s requirements. He thanked Bilott for his work and supplied a message to the communities affected by contamination: “Your voices have been heard.”