Michigan Attorney General Dana Nessel has taken a firm stance against the proposed rollback of PFAS regulations by the Trump Administration. Joining a coalition of 15 attorneys general, Nessel expressed opposition to changes that would undercut data reporting and recording-keeping requirements for these toxic chemicals, known as forever chemicals due to their persistent nature in the environment and human body. According to a press release from the Michigan Department of Attorney General, the group sent a comment letter to U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin contesting the suggested exemptions which threaten to severely restrict the amount of information disclosed about PFAS in consumer products and their effects on human health and the environment.
The exemptions, introduced under the Toxic Substances Control Act (TSCA), were originally set by Congress in 2019 and later enforced by the EPA in October 2023. The rollback proposal would allow companies to not fully report information on substances that contain PFAS concentrations below 0.1%, among others. PFAS are widespread in numerous consumer goods including clothing and cookware, and have been linked to serious health risks. "If EPA adopts its proposal as a final rule, vital information about the types of PFAS used in U.S. commerce and the risks these chemicals pose will remain hidden away, arbitrarily and capriciously and unlawfully undermining States’ efforts to protect human health and the environment, as well as EPA’s mandate under TSCA to evaluate and minimize chemical risks," the attorneys general wrote in a statement obtained by the Michigan Department of Attorney General.
With the potential ramifications of the administration's proposal, Nessel highlighted that weakening the PFAS reporting requirements would impede the ability of states to investigate and hold accountable the manufacturers responsible for environmental contamination by these chemicals. "Reducing PFAS reporting requirements would severely hinder our ability to investigate and hold accountable the companies responsible for contaminating our environment and even our bodies with these toxic forever chemicals," Nessel said, as reported by the Michigan Department of Attorney General's press release. The data that would come from the original TSCA mandates are crucial for understanding the scale of PFAS production, usage, and exposure.
The resistance to the proposed rollback isn't new. Nessel has actively worked on PFAS litigation in Michigan, securing six settlements with companies to address PFAS contamination. The state has also enlisted Special Assistant Attorneys General to assist with the complexities of such legal battles. Three cases related to PFAS are still pending in federal court. Raising awareness and pushing back against efforts to obfuscate the dangers of PFAS align with ongoing state efforts to protect public health and the environment from these enduring pollutants. The attorneys general hope to compel the EPA to not only uphold the integrity of the current PFAS data reporting rule but to also start to diligently collect PFAS data without further delay, signaling a commitment to transparency and public health over industry conveniences.
The coalition that stands with Nessel includes attorneys general from a range of states such as California, Connecticut, Hawai’i, Illinois, Massachusetts, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Washington, and Wisconsin. As the dialogue continues, the nation watches to see whether the EPA will maintain the stricter surveillance of these harmful chemicals, or revert to leniencies that put millions at potentially heightened risk. More information can be found on the work of Attorney General Nessel and her team concerning PFAS on the Department of Attorney General website.
