“Forever Chemicals”: PFAS Contamination and Public Health

Popcorn bags, firefighting foam, and nonstick pans—all seemingly unrelated—are, in fact, united by one thing: they each contain perfluoroalkyl and polyfluoroalkyl substances, collectively known as PFAS. PFAS compounds are found throughout the United States and have been contaminating the country’s water sources since the 1940s, when manufacturers began using PFAS. Almost 5,000 different types of PFAS have been discovered, each containing carbon-fluorine bonds (“C- F bonds”). C-F bonds make PFAS great for products manufacturing because such strong chemical bonds increase material durability, but they also turn PFAS into “forever chemicals.” Once PFAS disperse into the ecosystem, they are extremely difficult to remove because they do not break down over time. The resulting ability of PFAS to bioaccumulate in animals and the human body has been linked to elevated levels of PFAS in the blood stream. Consequently, PFAS are found in mammals’ milk and animal offspring, leading to dairy farm shutdowns. Similarly, PFAS have been linked to long-term, adverse health effects in humans, such as cancer, and developmental health effects, such as low birth weight.

While the Environmental Protection Agency (EPA) has considered and is in the process of setting a maximum contaminant level (MCL) for PFAS chemicals, it has yet to do so. To date, the EPA has created a PFAS Action Plan and set a health advisory level for PFAS chemicals— this advisory level, however, is non-enforceable. Congress has advocated for regulation, and some states, such as New Jersey and New Hampshire, have acted. This Comment argues that while it is critical for the EPA to set an MCL for PFAS, states should regulate PFAS at stricter levels than the EPA to protect the health, safety, and welfare of their constituents.