Forever Chemicals: Forever Altering the Legal Landscape

Forever Chemicals: Forever Altering the Legal Landscape

Per- and polyfluoroalkyl substances, more commonly known as PFAS, have become the talk of the town in recent years for good reason. These persistent and dangerous chemicals have been used in a myriad of household and industrial products over the past 60 years and have ended up in the bloodstream of most living beings.

In the latest edition of the Belmont Law Review CEJ’s Director, Margaret R. Stewart, and Barry University School of Law’s Dean, Leticia M. Diaz, published an article discussing the potential health and safety concerns surrounding PFAS. The authors compared the United States’ regulatory approach of similar toxic environmental justice issues and proposed potential solutions that invoke the precautionary principle. Due to the scientific uncertainty surrounding the extent of PFAS contamination and its effects on human health and the environment, precaution must be taken when legally addressing these forever chemicals to prevent its continued negative impacts until the requisite data is collected.

The ever-developing nature of this imminent environmental concern has produced many updates since the article, found HERE, was submitted. For example, since February 2020, the EPA has been reviewing public comments to determine future potential rule making pursuant to PFAS and the Toxic Release Inventory (TRI) program. Furthermore, dozens of pieces of legislative have been proposed at the federal and state levels to increase regulation of these forever chemicals.

Stay tuned for more updates regarding one of the greatest environmental justice concerns to date.

For an informative and entertaining summary of PFAS chemicals and the harm they pose, check out this piece from The Daily Show with Trevor Noah which aired March 5, 2020.