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      Wisconsin Republicans block PFAS cleanup until polluters are granted immunity

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      Wisconsin Republicans are withholding $125m designated for cleanup of widespread PFAS contamination in drinking water and have said they will only release the funds in exchange for immunity for polluters.The move is part of a broader effort by Republicans in the state to steal power from the Democratic governor, Tony Evers, the funding’s supporters say, alleging such “political games” are putting residents’ health at risk.“People really feel like they’re being held hostage,” said Lee Donahue, mayor of Campbell, which is part of the La Crosse metropolitan area and has drinking water contaminated with astronomical levels of PFAS. “It’s ridiculous, and some would argue that it’s criminal, that they are withholding money from communities in dire need of clean drinking water.”PFAS are a class of chemicals used across dozens of industries to make products water-, stain- and heat-resistant. They are called “forever chemicals” because they don’t naturally break down, and they persist in the environment and accumulate in humans’ and animals’ bodies. The compounds are linked to cancer, decreased immunity, thyroid problems, birth defects, kidney disease, liver problems and a range of other serious illnesses.The Environmental Protection Agency this year established limits for several of the most common PFAS, including levels at four parts per trillion (ppt) for the most dangerous. PFAS are contaminating water for more than 350,000 Wisconsin public water system users, often at levels far exceeding the limits. Many more private wells have contaminated water. In Madison, the state capital, levels in water sources were found as high as 180,000ppt.In Campbell, where more than 500 wells have tested positive for PFAS at levels up to thousands of times above federal limits, many suspect high rates of cancer and other serious ailments that have plagued the town’s residents stem from the dangerous chemicals.In the face of the crisis, bipartisan budget legislation that created the $125m pot of money for cleanup was approved by the GOP-controlled legislature and signed by the governor in mid-2023. The funds are supposed to go to the Wisconsin department of natural resources.Previously, money approved during budgeting processes was released to the state agency. Since Evers ousted the Republican Scott Walker in 2018, the GOP-controlled legislature has claimed the joint finance committee (JFC) it controls can add stipulations to how the money is spent, or refuse to release money approved in the budget.That gives Republican leadership more control over how Evers’s administration spends and governs, and the GOP is using that legal theory to withhold the PFAS-cleanup funding.“It is definitely a power grab,” said Erik Kanter, president of Clean Wisconsin, which is lobbying on PFAS issues.Meanwhile, Republicans separately floated a piece of legislation that provided a framework for how the $125m would be spent on PFAS cleanup, but it included what Kanter called a “poison pill”: it exempted PFAS polluters from the state’s spill laws that are designed to hold industry accountable for the contamination it causes.skip past newsletter promotionafter newsletter promotionEvers vetoed the legislation because of the spill law exemption. The department of natural resources then proposed to GOP legislators that it would spend the $125m as outlined in the Republican legislation, but industry would not be exempt from the spill laws. The legislature has so far rejected that proposal, and it is now on break for the rest of 2024.“At this point in time it looks like the JFC is not going to release those dollars,” Kanter said. “That money has been sitting there for almost a year and nobody has gotten any help because of political games in the legislature.”The Evers administration announced in late May that it would sue the committee for withholding the funds and make a constitutional separation of powers claim. It charges the JFC’s withholding is “an unconstitutional legislative veto”. Republican leadership did not immediately return a request for comment.In the meantime, communities such as La Crosse continue to struggle, Donahue said. The city and county have so far spent nearly $1m trying to determine the feasibility of tapping into a neighboring aquifer and continue to monitor it to ensure the PFAS plume contaminating their drinking water source does not migrate.“What do we do?” Donahue asked. “We can’t afford to wait another year for help.” More

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      Chemical Makers Sue Over Rule to Rid Water of ‘Forever Chemicals’

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      Industry groups said the E.P.A. had exceeded its authority in requiring the drinking-water cleanup. The chemicals, known as PFAS, are linked to cancer and health risks.Chemical and manufacturing groups sued the federal government late Monday over a landmark drinking-water standard that would require cleanup of so-called forever chemicals linked to cancer and other health risks.The industry groups said that the government was exceeding its authority under the Safe Drinking Water Act by requiring that municipal water systems all but remove six synthetic chemicals, known by the acronym PFAS, that are present in the tap water of hundreds of millions of Americans.The Environmental Protection Agency has said that the new standard, put in place in April, will prevent thousands of deaths and reduce tens of thousands of serious illnesses.The E.P.A.’s cleanup standard was also expected to prompt a wave of litigation against chemical manufacturers by water utilities nationwide trying to recoup their cleanup costs. Utilities have also challenged the stringent new standard, questioning the underlying science and citing the cost of filtering the toxic chemicals out of drinking water.In a joint filing late Monday, the American Chemistry Council and National Association of Manufacturers said the E.P.A. rule was “arbitrary, capricious and an abuse of discretion.” The petition was filed in the Court of Appeals for the District of Columbia.In a separate petition, the American Water Works Association and the Association of Metropolitan Water Agencies said the E.P.A. had “significantly underestimated the costs” of the rule. Taxpayers could ultimately foot the bill in the form of increased water rates, they said.PFAS, a vast class of chemicals also called per- and polyfluoroalkyl substances, are widespread in the environment. They are commonly found in people’s blood, and a 2023 government study of private wells and public water systems detected PFAS chemicals in nearly half the tap water in the country.Exposure to PFAS has been associated with developmental delays in children, decreased fertility in women and increased risk of some cancers, according to the E.P.A.At a public address ahead of the filing on Monday, Brenda Mallory, chair of the White House’s Council on Environmental Quality, defended the Biden administration’s stringent standards. “Everyone should be able to turn on the tap and know that the glass of water they fill is safe to drink,” she said.At the same event, E.P.A. officials said the new standard was based on the best available science and was designed so that it “would be robust enough to withstand litigation.”The E.P.A. estimates that it would cost water utilities about $1.5 billion annually to comply with the rule, though utilities have said the costs could be twice that amount. States and local governments have successfully sued some manufacturers of PFAS for contaminating drinking water supplies,President Biden’s bipartisan infrastructure law, passed in 2021, sets aside $9 billion to help communities address PFAS contamination. The E.P.A. said $1 billion of that money would be set aside to help states with initial testing and treatment. More

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      Electricity From Coal Is Pricey. Should Consumers Have to Pay?

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      Environmental groups are making a new economic argument against coal, the heaviest polluting fossil fuel. Some regulators are listening.For decades, environmentalists fought power plants that burn coal, the dirtiest fossil fuel, by highlighting their pollution: soot, mercury and the carbon dioxide that is dangerously heating the planet.But increasingly, opponents have been making an economic argument, telling regulators that electricity produced by coal is more expensive for consumers than power generated by solar, wind and other renewable sources.And that’s been a winning strategy recently in two states where regulators forbade utilities from recouping their losses from coal-fired plants by passing those costs to ratepayers. The Sierra Club and the Natural Resources Defense Council, two leading environmental groups, are hoping that if utilities are forced to absorb all the costs of burning coal, it could speed the closures of uneconomical plants.The groups are focused on utilities that generate electricity from coal and also distribute it. Those utilities have historically been allowed to pass their operating losses to customers, leaving them with costly electric bills while the plants emitted carbon dioxide that could have been avoided with a different fuel source, according to the environmental groups.About 75 percent of the nation’s roughly 200 coal-fired power plants are owned by utilities that control both generation and distribution.In 2023, utilities across the United States incurred about $3 billion in losses by running coal-fired power plants when it was cheaper to buy power from lower-cost, less polluting sources, according to RMI, a nonprofit research organization focused on clean energy. About 96 percent of those losses were incurred by plants that controlled both power generation and distribution, the organization said.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Damages From PFAS Lawsuits Could Surpass Asbestos, Industry Lawyers Warn

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      At an industry presentation about dangerous “forever chemicals,” lawyers predicted a wave of lawsuits that could dwarf asbestos litigation, audio from the event revealed.The defense lawyer minced no words as he addressed a room full of plastic-industry executives. Prepare for a wave of lawsuits​ with​ potentially “astronomical” costs​. Speaking at a conference earlier this year, the lawyer, Brian Gross, said the coming litigation could “dwarf anything related to asbestos,” one of the most sprawling corporate-liability battles in United States history.Mr. Gross was referring to PFAS, the “forever chemicals” that have emerged as one of the major pollution issues of our time. Used for decades in countless everyday objects — cosmetics, takeout containers, frying pans — PFAS have been linked to serious health risks including cancer. Last month the federal government said several types of PFAS must be removed from the drinking water of hundreds of millions of Americans.“Do what you can, while you can, before you get sued,” Mr. Gross said at the February session, according to a recording of the event made by a participant and examined by The New York Times. “Review any marketing materials or other communications that you’ve had with your customers, with your suppliers, see whether there’s anything in those documents that’s problematic to your defense,” he said. “Weed out people and find the right witness to represent your company.”A spokesman for Mr. Gross’s employer, MG+M The Law Firm, which defends companies in high-stakes litigation, didn’t respond to questions about Mr. Gross’s remarks and said he was unavailable to discuss them.A wide swathe of the chemicals, plastics and related industries are gearing up to fight a surge in litigation related to PFAS, or per- and polyfluoroalkyl substances, a class of nearly 15,000 versatile synthetic chemicals linked to serious health problems.PFAS chemicals, short for per- and polyfluoroalkyl substances, have been detected almost everywhere scientists have looked: in drinking water, in rain falling over the Great Lakes, even in Antarctic snow. They are thought to be present in the blood of nearly every American. Researchers have linked exposure to PFAS to testicular and kidney cancers, developmental delays in children, decreased fertility, liver damage and thyroid disease. The man-made chemicals are so long-lasting that scientists haven’t been able to reliably identify how long it might take for them to break down.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      The Last Coal-Fired Power Plants in New England Are to Close

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      The company that owns the Merrimack and Schiller stations in New Hampshire plans to turn them into solar farms and battery storage for offshore wind.The last two coal-fired power plants in New England are set to close by 2025 and 2028, ending the use of a fossil fuel that supplied electricity to the region for more than 50 years.The decision to close the Merrimack and Schiller stations, both in New Hampshire, makes New England the second region in the country, after the Pacific Northwest, to stop burning coal.Environmentalists waged a five-year legal battle against the New Hampshire plants, saying that the owner had discharged warm water from steam turbines into a nearby river without cooling it first to match the natural temperature.In a settlement reached on Wednesday with the Sierra Club and the Conservative Law Foundation, Granite Shore Power, the owner of the plants, agreed that Schiller would not run after Dec. 31, 2025 and that Merrimack would cease operations no later than June 2028.“This announcement is the culmination of years of persistence and dedication from so many people across New England,” said Gina McCarthy, a former national climate adviser to President Biden and former administrator of the Environmental Protection Agency during the Obama administration who is now a senior adviser at Bloomberg Philanthropies, which supports efforts to phase out coal.“I’m wicked proud to live in New England today and be here,” Ms. McCarthy said. “Every day, we’re showing the rest of the country that we will secure our clean energy future without compromising.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Should Biden Bow Out, as David Axelrod Urged?

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      More from our inbox:Mike Johnson’s LamentSkip the Drive-Through, for the Sake of the Environment and Mental HealthThe Threat to New Orleans Drinking Water Jonathan Ernst/ReutersTo the Editor:Re “The Axe Is Sharp,” by Maureen Dowd (column, Nov. 19):While reading Ms. Dowd’s column on whether President Biden should run for a second term, I was struck by a historical parallel. Like Mr. Biden, President Lyndon B. Johnson had served a deeply charismatic president and used his extensive senatorial experience to seal that president’s vision with legislation.But facing health concerns and declining popularity because of the Vietnam War, as well as surprisingly strong opposition by Robert F. Kennedy, Johnson decided that his moment had passed.As David Axelrod has noted, it is time to consider allowing other Democratic leaders to step forward. Mr. Biden has served the nation honorably for longer than most Americans have been alive, guiding the country through dark times and leaving a clear legislative mark.For his swan song, he can try to hold on to power until he is 86. Or he can choose to guide the nation peacefully through the turbulence of the coming electoral storm — not from the campaign trail, but as a steady presence in the Oval Office. I can think of no higher service.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.We are confirming your access to this article, this will take just a moment. However, if you are using Reader mode please log in, subscribe, or exit Reader mode since we are unable to verify access in that state.Confirming article access.If you are a subscriber, please  More

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      The Climate Fight Will Be Won in the Appliance Aisle

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      More than a year after its passage, much about President Biden’s climate law, the Inflation Reduction Act, is working.America is putting in more solar panels than ever before, with installations expected to be up 52 percent compared with last year. The law has helped lock in America’s transition to electric vehicles. Companies have announced more than $60 billion in E.V. manufacturing investments since the I.R.A. passed, and Hyundai is rushing to finish its new E.V. factory in Georgia because the law’s incentives are so good. Across the country, investment in all forms of clean-energy manufacturing has ramped up, with spending this spring five times the level of two years ago, according to a new tracker from M.I.T. and the Rhodium Group, a research firm.The law is supposed to do more than transform the economy, though. It’s also supposed to change how and even where Americans live. The I.R.A. contains nearly $9 billion in rebates meant to help people upgrade and decarbonize their homes — for example, install an induction stove, a heat pump or a new electrical or insulation system. Since the climate law passed last year, Mr. Biden and Democrats in Congress have hyped the savings on energy that these policies will bring to consumers; that is, after all, the inflation that the law is meant to be reducing.But I have grown worried about these efforts — and about the next phase of the I.R.A.’s implementation more broadly. The building sector accounts for about 13 percent of America’s climate pollution, so the success of these programs is essential to the country’s decarbonization efforts. Yet more important, the execution of these programs poses a political risk for the Biden administration. These rebate and tax credit programs are some of the law’s most visible provisions. Other than the law’s electric vehicle subsidies, these home-focused policies will be most Americans’ best opportunity to get I.R.A. money in their pockets.If the programs fail, they could seriously mar the I.R.A.’s public image. And right now, they are faltering.Perhaps the biggest problem is inherent to their design. The most successful federal programs are simple, straightforward and easy to use. Think of the U.S. Postal Service sending free at-home Covid tests to all Americans or the relative ease of signing up for and receiving Social Security benefits. These new home-upgrade programs, meanwhile, seem likely to be especially persnickety, complicated and onerous for many Americans.That’s because, first, there are a lot of programs in play. Although the I.R.A. streamlined some of the most important existing climate tax credits (for example, for greening the grid), it included four home-focused programs. Two of these programs are tax credits meant to give Americans a tax discount when they install a new rooftop solar system, a geothermal-powered heater, a heat pump or another technology that reduces demand for carbon-emitting fossil fuels. Unlike other tax credits in the law, these programs have no income cap, so they can be used by wealthy Americans who can presumably afford to pay upfront to install residential equipment like a water heater. But like other new tax credits in the law, they require Americans to have some federal tax liability in the first place. If you owe nothing on your taxes, then you can’t get a discount.These credits are likely to be generous in aggregate, but in some cases they will be too small to spur a serious change of behavior. Installing a whole-home heat-pump system, for instance, can cost tens of thousands of dollars, but the I.R.A.’s new tax credit will cover only $2,000 of that in one calendar year.That’s when another set of programs is supposed to come in. The I.R.A. introduced a pair of rebate programs meant to help working- and middle-class Americans afford to upgrade appliances and other features of their homes. These two programs, known as HOMES and HEEHRA, are important. When it’s finally put in place, HEEHRA will lower the cost of heat pumps and other climate-friendly appliances at the point of sale, making them more affordable to consumers, including those who are not even aware of the policy. More than perhaps any other programs in the law, these rebates are meant to allow low-income Americans to reduce their monthly energy costs. And because they involve direct cash grants, using the rebates will not require oweing any taxes to the federal government. That is huge for retirees and Social Security recipients, many of whom have no earned income and little to no federal tax liability.Regardless of how consumers are reimbursed, the programs are exceedingly — perhaps even fatally — complicated. The reason they have yet to take effect is that although these programs will be overseen by the Department of Energy, they will be administered separately by each state’s energy office. The department is still finalizing the last few rules that will govern how these programs work. When it finishes that process, then states will apply for their share of the money. Only then — after states receive their funding and set up their programs — will they be able to start disbursing it to their residents.So far, very few state offices have received any funds from the programs — not even the preliminary funds meant to help them hire more staff members and manage administration costs. This could directly hurt the programs’ chances of success in the next year. State energy offices employ anywhere from a handful of people to more than 100, and they have now been tasked with overseeing complicated, high-stakes federal programs.The experts and business leaders I’ve talked to think that these problems will push any serious efforts to carry out the programs well into next year. Montana has said that it doesn’t expect to make rebates available until the first half of 2024. Georgia’s energy office recently estimated that rebates would become available by Sept. 30, 2024, at the latest — barely a month before the presidential election.Even then, major questions remain about how the programs will work. Democratic lawmakers have called on the Energy Department to consider allowing the rebates to be used retroactively — meaning that someone who bought, say, a heat pump in late 2022 could get free money for it under the law. But that would sharply increase the program’s complexity, and it would more quickly deplete the limited funds allocated to the rebates. The programs draw from fixed pools of funding — about $250 million per state — and when that money runs out at the state level, the rebates will lapse in most cases.This is not the only place where the I.R.A.’s implementation is mired in confusion. The initial rules of the home energy rebates have left state officials unsure of whether they can use someone’s eligibility for other social welfare programs, such as food stamps, to gauge whether they qualify for a rebate. (The Energy Department has published guidelines about this, but they are not comprehensive.) That may force states to set up expensive processes that will duplicate work that’s already been done and make it even more burdensome for people to use these programs. It’s also unclear whether households can use several Energy Department programs at once — such as the new HOMES rebates and the longstanding weatherization-assistance program — to reduce the cost of a major project.Unless the Biden administration acts now, these consumer-facing programs could be a big mess by next fall. They will have confusing criteria, work differently in each state and may require applicants to go through time-sucking paperwork before receiving any funds. They will not showcase the nimble, modern government, fighting for working people, that Mr. Biden hopes to sell to voters.The I.R.A. is going to change people’s lives — I have little doubt of that. But only eventually. And for the next year, many of the law’s benefits for average Americans will remain largely theoretical. The M.I.T. and Rhodium tracker says that of the $137 billion in announced clean-energy investment, only $37 billion — just 27 percent — has started to flow. There is a growing risk that as the presidential election arrives, the law’s most world-changing programs to stimulate clean electricity and E.V.s will have yet to show their impact, and its smaller programs will be mired in public operation headaches.There is recent precedent for such a failure. Although most Americans now approve of the Affordable Care Act, the law was blamed for Democrats’ losses in the 2010 midterms, and it remained desperately unpopular for much of the following decade. Even when Donald Trump was elected, most independents still disapproved of the law and wanted to see it rolled back. Only in 2017, when Republicans repeatedly tried to repeal the law, did popular opinion swing in its favor. It has remained popular ever since.The I.R.A., like the Affordable Care Act, aims for a higher purpose than being politically popular. But the law’s survival depends on its — and Mr. Biden’s — ability to win a literal popularity contest next year. Mr. Trump and other Republicans are already cultivating a hatred of the clean-energy transition among voters; failing consumer-facing rebate programs would be a gift to them. And if Mr. Trump wins next year, his team will have plenty of opportunities to undermine the I.R.A.’s emission-cutting policies, even without repealing the whole law.The aspirations of 30 years of climate policies ride on the I.R.A. If this one law is successful, it will open up other ways of making policy for the environment and economy; if it fails, then lawmakers will shy away from tackling climate change for years. The law’s home-rebate programs will not be large enough to fully decarbonize America’s millions of buildings. But if they are successful, then they will allow the creation of future policy that is.The I.R.A., I believe, is still on track to be a success. But voters won’t see the new E.V. factories that it’s building or the sparkling new manufacturing hubs. They will see what’s at Home Depot or in the back of their contractor’s pickup truck. And if people have to fill out 20 pages of paperwork just to save less money on a heat pump than they initially hoped for, that’s what they’ll always remember about the I.R.A.The climate fight might be waged in the streets. But it will be won in the appliance aisle.Robinson Meyer is a contributing Opinion writer and the founding executive editor of Heatmap, a media company focused on climate change.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      ‘Toxic trail of pollution’: states step up to curb the use of ‘forever chemicals’

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      Few chemicals have attracted as intense public and regulatory scrutiny as PFAS, but even as the highly toxic and ubiquitous compounds’ dangers come into sharper focus, industry influence has crippled congressional attempts to pass meaningful consumer protections.Federal bills designed to address some of the most significant sources of exposure – food packaging, cosmetics, personal care products, clothing, textiles, cookware and firefighting foam – have all failed in recent sessions.However, a patchwork of state laws enacted over the last three years is generating fresh hope by prohibiting the use of PFAS in those and other uses. These laws – mostly passed in Democratic-controlled states – are quietly forcing many companies to phase out the chemicals as they become illegal to use in consumer goods in some of the nation’s largest economies.“We’ve seen some corporate leadership on PFAS, but the actual state policies that say ‘No, you have to do this’ – those are great incentivizers,” said Sarah Doll, director of Safer States, which advocates for and tracks restrictions on toxic chemicals at the state level.PFAS are a class of about 15,000 chemicals often used to make thousands of consumer products across dozens of industries resist water, stains and heat. The chemicals are ubiquitous, and linked at low levels of exposure to cancer, thyroid disease, kidney dysfunction, birth defects, autoimmune disease and other serious health problems.Though the Biden administration is devoting significant resources to limiting and cleaning up environmental PFAS pollution, it has no coherent strategy to address the chemicals’ use in consumer goods, and states have filled that void. Among those are laws banning their use in:
      Clothing/textiles. California, New York and Washington banned PFAS in clothing, while multiple states are prohibiting the chemicals’ use in textiles, such as carpets or furniture upholstery, or in children’s products like car seats and strollers.
      Cosmetics/personal care. California, Colorado and Maryland banned PFAS in all cosmetics and personal care products.
      Food packaging/cookware. About 10 states have prohibited PFAS in some food packaging, and several also bar it in cookware.
      Firefighting foam. At least 15 states have banned or limited the use of firefighting foam with PFAS because it is a major source of water pollution.
      Maine has gone several steps further with a ban on all non-essential uses of PFAS, and the momentum continues this session in 33 states where legislation has been introduced. Vermont’s senate unanimously approved a ban on the chemicals in cosmetics, textiles and artificial turf.The state policies may make it financially and logistically impractical for many companies to continue using PFAS, and their effects could reverberate across the economy.“It would not make sense to not use the cancer-causing chemical in California and New York, but go ahead and use it in Texas,” said Liz Hitchcock, federal policy director at Toxic-Free Future, which advocates for stronger restrictions on chemicals.Among a cascade of companies moving away from the compounds in some or all products are Patagonia, Victoria’s Secret, Target, Home Depot, Lowe’s, Ralph Lauren, Zara, H&M, Abercrombie & Fitch, Calvin Klein, Burberry, Tommy Hilfiger, McDonald’s, Burger King, Rite Aid, Amazon, Starbucks, Whole Foods, Taco Bell and Pizza Hut.Sephora, Revolution Beauty and Target are among those in the cosmetic and personal care sector that have announced phase-outs of PFAS.In December, 3M, perhaps the world’s largest PFAS producer, announced it would discontinue making the chemicals, in part citing “accelerating regulatory trends focused on reducing or eliminating the presence of PFAS”.Companies widely use PFAS despite their myriad risks because they are so effective. The story of outdoor giant REI Co-op is emblematic of industry resistance to phase-outs.In March 2021, a public health campaign began calling out a glaring inconsistency between REI’s virtuous marketing and use of PFAS in waterproof textiles: the company boasted of “responsible production” and advised its customers to “leave no trace” in the wilderness, but sold clothing waterproofed with dangerous PFAS chemicals that the campaign noted left a “toxic trail of pollution”.But that changed in September 2022. California banned PFAS in apparel and textiles, and New York followed soon after. A February REI announcement that it would phase out the chemicals “in part to ensure wide industry alignment with new state laws regarding the use of PFAS” marked a major victory for public health advocates, and a similar story is playing out across the broader marketplace. REI did not respond to a request for comment.Public pressure is also fueling the development. REI faced “immense pressure” from a coalition of more than 100 NGOs and 150,000 co-op members who signed a petition demanding the company eliminate PFAS in the 18 months ahead of the California apparel ban, said Mike Schade, who spearheaded the effort with Toxic-Free Future’s Mind the Store program. Even as REI held out, other companies that Mind the Store approached, like Wendy’s and McDonald’s, committed to eliminating PFAS.The interplay among the campaigns, companies committing to eliminating the chemicals and state laws creates a potent “synergy” and sends pressure in both directions, Schade said.“If we get more companies to act, that builds more political support for action at the state level to regulate and restrict harmful chemicals like PFAS,” Schade added. “At the same time, more states acting will create more pressure on businesses to take action ahead of state policies.”skip past newsletter promotionafter newsletter promotionCalifornia state assembly member Phil Ting’s bills to ban the chemicals’ use in food packaging and apparel drew surprisingly little resistance from industry, he said, which he ascribed to market momentum. Though most companies, like REI, were still using the chemicals, some major names like Levi’s, Whole Foods and McDonald’s had already announced phase-outs, the latter two amid pressure from Toxic-Free Future.“It didn’t seem like government was leading, it seemed like government was supporting what had already started happening in the private sector, and that made it much more palatable for my colleagues,” Ting said.Removing the chemicals and identifying, testing and developing safe alternatives for market production is a slow and difficult process that can take years. Before its March announcement, REI had said the “performance that customers expected” could not be matched by alternatives. Still, other companies managed to phase out the chemicals. Levi’s eliminated PFAS by 2018, but a spokesperson said the “challenge is significant considering that there are currently no equally effective alternatives to” PFAS.Moreover, the supply chain is riddled with PFAS entry points as the chemicals are sometimes intentionally or accidentally added to materials upstream. PFAS are also used as lubricants that prevent machines from sticking to materials during the manufacturing process, and previous testing by the Guardian of consumer products highlighted how that can leave low levels of the chemicals on consumer goods.That can mean that even manufacturers with good intentions may not know their products are contaminated with PFAS, said Christina Ross, a senior scientist with Credo Beauty, a “clean beauty” company. Credo has never intentionally added PFAS to its products and works with suppliers throughout the supply chain to try to avoid adding the chemicals unintentionally. It has found that while some suppliers care about the issue, others do not.“We try to honor those suppliers who do by giving them our money,” Ross said.But that is ultimately an inefficient and unreliable way for entire sectors to eliminate the chemicals, and Ross said it underscores the need for legislative bans. “In order to remove PFAS from any consumer products we have to stop the chemicals from being made in the first place,” she said.That’s unlikely anytime soon at the federal level, where only two out of 50 stand-alone PFAS bills were approved last session, and sources say hyper-partisanship makes passing laws unlikely. States and the US House are passing the measures with bipartisan support, though the laws are largely enacted in Democratic-controlled states.Observers offer two theories on why. The PFAS issue knows no socioeconomic or political boundaries – PFAS contamination is a problem for everyone, Doll noted, and it has hit constituents whom Republicans traditionally support, like farmers and firefighters.Others say Republicans in most Democratic-controlled states don’t have a shot at stopping the bills, so they vote for the measure instead of angering constituents for no political gain.Toxic-Free Future’s Hitchcock said she sells legislators on both sides of the aisle on PFAS legislation by pointing out that banning the chemicals makes sense financially. “We’re paying so much to clean up the mess, why not invest in not making the mess in the first place?” she said.That thinking is partly behind the momentum in the states, but she added: “We can’t depend on just that – we need the federal government and Congress to act.”
      This article was amended on 3 May 2023 to clarify that Credo has already removed unintentionally added chemicals from its products. More