Shannon Kelleher

About Shannon Kelleher

Posts by Shannon Kelleher:

April 12, 2024

Firefighting foam company reaches $750 million PFAS settlement

By Shannon Kelleher

The company Tyco Fire Products today reached a $750 million settlement to help resolve claims related to its firefighting foam, which allegedly contaminated drinking water systems with harmful PFAS chemicals for decades.

Once the settlement is approved, an estimated 7,000 to 8,000 US public water systems could receive money to treat contaminated drinking water, said Joe Rice, co-lead attorney for the plaintiffs with the Motley Rice law firm. Water systems that test positive for PFAS by May 15 may be eligible to benefit from the settlement.

“$750 million towards this problem, that is a huge contribution,” said Rice.

Tyco, a subsidiary of Johnson Controls, does not admit liability or wrongdoing by agreeing to the settlement.

The announcement builds on last summer’s landmark settlements from the companies 3M, Dupont, and others, which could total up to nearly $14 billion to assist affected water systems as they test for and clean up PFAS contamination. 3M’s settlement received final approval April 1.

Earlier this week, US regulators announced the nation’s first legally enforceable limits for levels of six toxic per- and polyfluoroalkyl substances (PFAS) in drinking water, a move the US Environmental Protection Agency (EPA) says should prevent thousands of deaths and reduce serious illnesses in people across the country.

April 9, 2024

Unsafe levels of PFAS contaminate global water sources, study finds

By Shannon Kelleher

A large part of the world’s surface waters and groundwater contains toxic PFAS chemicals at levels higher than regulators consider safe for drinking water, according to a new analysis of data from more than 45,000 water samples collected from around the world.

The data points to Australia, China, Europe and North America as hotspots for contamination by per- and polyfluoroalkyl substances (PFAS), although the authors suggest this may be skewed due to higher levels of sampling in these regions.

The findings, which were published April 8 in the journal Nature Geoscience, come as regulators in the United States prepare to set the first enforceable drinking water limits for certain types of PFAS. Many US states and other countries have already set regulations for PFAS in drinking water.

“I was surprised to find out the large fraction of source waters that are above drinking water advisory recommendations,” Denis O’Carroll, an engineering professor at the University of New South Wales in Australia and an author of the study, said in a press release.

The number of samples considered unsafe was higher in countries that have stricter PFAS drinking water guidelines and regulations. In Canada, which has one of the strictest recommendations for PFAS in drinking water, 69% of groundwater samples had levels that surpassed that country’s threshold, while only 6% of samples from the European Union failed to meet its criteria.

March 26, 2024

Toxic vinyl chloride accidents happen once every five days, report finds

By Dana Drugmand

Accidental releases of toxic vinyl chloride have occurred in the United States once every five days, on average, since 2010, according to a new report that highlights the extent to which communities and chemical plant workers are exposed to the known carcinogen.

The findings add to a growing body of evidence on the frequency of hazardous chemical accidents, including a 2023 report that found such incidents occur in the US almost daily.

Environmental, public health and community advocates have been calling on the US Environmental Protection Agency (EPA) to ban vinyl chloride following a February 2023 train derailment in East Palestine, Ohio, which resulted in a “controlled” combustion of vinyl chloride in several rail cars that exposed residents to the chemical.

The report, produced by Material Research L3C on behalf of the environmental groups Beyond Plastics and Earthjustice, is intended to help inform the EPA as it takes steps towards conducting a risk assessment of vinyl chloride, along with four other toxic chemicals, a move the agency announced in December. The review, conducted under the Toxic Substances Control Act (TSCA), would be the first step towards considering a potential ban on vinyl chloride or additional restrictions to help protect public health and the environment from exposure to the chemical.

In public comments to the EPA, the groups Beyond Plastics, Earthjustice, and Toxic-Free Future urged the agency to quickly move to designate vinyl chloride as a “high priority substance” so that it can begin the risk evaluation.

March 25, 2024

US court blocks EPA order to eliminate PFAS in plastic containers

By Shannon Kelleher

A US appeals court has vacated an action by the US Environmental Protection Agency (EPA) ordering a company to stop producing plastic containers that leach toxic per- and polyfluoroalkyl substances (PFAS) into pesticides, household cleaners, condiments, and many other products.

The 5th US Circuit Court of Appeals on March 21 ruled that the EPA exceeded its statutory authority when it issued orders to Texas-based Inhance in December prohibiting the company from manufacturing or processing PFAS through its fluorination process for containers.

The EPA move came after the agency determined that types of PFAS created during the fluorination process “are highly toxic and present unreasonable risks that cannot be prevented other than through prohibition of manufacture.”

The agency issued the orders under the Toxic Substances and Control Act (TSCA), which authorizes the EPA to regulate and screen chemicals produced or imported into the US.

But Inhance challenged the EPA’s action, arguing that the EPA improperly sought to take action against the company under a section of TSCA dealing with new uses of chemicals, and that Inhance’s process did not constitute a new use.

The court agreed that the fluorination technique Inhance uses to prevent liquids from leaking out of its plastic containers – a process that creates PFAS chemicals – does not count as a significant new use since Inhance has been using this process since 1983.

March 21, 2024

Warnings of a “wave of lawsuits” as PFAS exemption debated

By Shannon Kelleher

Representatives of US water and waste systems told US lawmakers this week that hundreds of such operations across the nation could face unintended and overwhelming liabilities unless they are exempted from a proposal that would designate two types of per- and polyfluoroalkyl substances (PFAS) as hazardous substances.

The rule proposed by the Environmental Protection Agency (EPA) sets up “multiple avenues to drag innocent parties into extremely costly and complex litigation,” Michael Witt, a lawyer speaking on behalf of a coalition of water groups, told members of the US Senate Committee on Environment and Public Works in a hearing Wednesday.

Witt was one of multiple witnesses to address the committee on the hotly contested issue of how the government should address widespread PFAS environmental contamination. The EPA said in 2022 that it was preparing to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) because they present “a substantial danger to human health or welfare and the environment.”

Such a designation allows the government to order responsible parties to clean up the environmental contamination and bear the costs of mitigation. The “polluter pays’ model is a core principle of CERCLA.

The debate now underway is about whether to provide an exemption from liability for “passive receivers” of PFAS – entities that don’t make or use PFAS but wind up with the chemicals in their water, land and waste. The EPA has said it won’t assign liability to passive receivers, but Witt and others speaking at the hearing said there is still concern that such entities could become embroiled in lawsuits over chemicals they never used or produced.

March 11, 2024

Farmers facing PFAS pollution struggle for solutions

By Shannon Kelleher

When Jim Buckle and his wife, Hannah Hamilton, started their 18-acre organic vegetable farm in Unity, Maine more than a decade ago, they wanted to grow the healthiest food possible. But after a wholesale buyer asked them to test their operation for toxic chemicals called per- and polyfluoroalkyl substances (PFAS) in 2022, the couple was in for a shock.

The soil tests came back clean, as the couple expected. But Buckle’s heart sank when the results arrived for the well water they used to wash and irrigate their vegetables. Through no fault of their own, the farm Buckle and Hamilton had carefully cultivated for nearly a decade was contaminated with PFAS-laced sewage sludge that had been used as fertilizer on land nearby years earlier.

Faced with evidence that their harvests were also likely contaminated with potentially hazardous PFAS toxins, he and Hamilton made the decision to close down their farming operations, at least temporarily, as they wrestled with how they might clean up their farm and protect it from future contamination.

“We said, ‘wow, this is crazy. We actually have this problem,’” Buckle said.

About a year earlier, first-generation organic farmers Katia Holmes and her husband faced a similar crisis on their 700-acre Misty Brook Farm in Albion, Maine, where they raise livestock and grow grains. In their case, the well water was fine, said Holmes. But testing of their cows’ milk – and the hay they bought from a neighbor to feed the cows – came back with elevated levels of PFAS.

Further testing revealed that a previous owner of the Holmes’ land had spread sewer sludge on certain fields 20 years ago, leaving behind PFAS in the soil.

“We called all the stores and pulled all our products,” said Holmes.

Buckle’s and Holmes’ stories are, sadly, becoming more common.

March 1, 2024

EPA moves to limit frequent chemical accidents

By Shannon Kelleher

Hundreds of chemical facilities around the US must implement new procedures to try to better safeguard communities from accidents that are happening with alarming frequency and jeopardizing human and environmental health.

New measures announced Friday by the Environmental Protection Agency (EPA) require industrial operators to “prevent accidental releases of dangerous chemicals that could otherwise cause deaths and injuries, damage property and the environment, or require surrounding communities to evacuate or shelter-in-place.”

The final rule, which amends the EPA’s Risk Management Program (RMP) that applies to plants dealing with hazardous chemicals, asks facilities to evaluate the risks of natural hazards and climate change, makes information about chemical hazards more accessible for people living near these facilities. The rule also allows for plant employees to stop working when they think there is a potential hazard.

This new requirements are expected to reduce the frequency and severity of accidents, building on revisions proposed in 2022. They provide the most protective safety provisions for chemical facilities in the EPA’s history, EPA deputy administrator Janet McCabe said on a press call.

Accidental releases of chemicals from industrial facilities cost the US more than $540 million each year, McCabe said on the press call, not including major catastrophes that can individually cost much more.

February 22, 2024

Texas farmers, watchdog group demand EPA act on PFAS in farm fertilizer

By Shannon Kelleher

In the wake of fresh evidence that US farms are being poisoned by PFAS-laden fertilizers, a watchdog group and two Texas farm families said Thursday they plan to sue regulators to try to force protective actions.

The Environmental Protection Agency (EPA) has violated the Clean Water Act by failing to regulate at least 12 per- and polyfluoroalkyl substances (PFAS) in treated sewage sludge (biosolids) applied to agricultural lands, allege Public Employees for Environmental Responsibility (PEER) and the farmers in a notice of intent to sue sent Feb. 22 to EPA Administrator Michael Regan. Studies have linked these particular PFAS chemicals to asthma, disrupted thyroid hormones, immune suppression, kidney problems, lung issues in children, and other health effects, the letter says.

The agency has also unlawfully failed to include in its regular biosolids reports at least 18 additional PFAS chemicals that scientific studies indicate are present in biosolids, PEER and the farmers allege.

PEER and the farmers will sue the EPA within 60 days if the agency does not take immediate action, said PEER executive director Timothy Whitehouse in the notice of intent to sue.

“EPA has deemed it acceptable for biosolids containing PFAS and other known toxic chemicals to be applied directly to soil as fertilizer, where these man-made contaminants then build up in the environment, exacerbating the PFAS contamination crisis,” wrote Whitehouse. “This is not protective of human health or the environment.”

“Because there are no standards, farmers, ranchers, and gardeners have no warning that they are potentially poisoning their soil, water, livestock, and pets with these biosolid fertilizer products,” Kyla Bennett, director of science policy for PEER, said in a press release. “Prompt, responsible regulatory action by EPA would prevent untold damage and heartache.”

February 20, 2024

Dead livestock and poisoned water — Texas farmers sue over PFAS contamination

By Shannon Kelleher

Two Texas farm families have seen their health decline, their pets and livestock sickened and killed, their water poisoned and and their property values wiped out due to high levels of chemical contamination linked to a company marketing treated sewage sludge as a fertilizer and soil conditioner, according to a lawsuit filed by the families.

The lawsuit alleges the plaintiffs’ farms, located near Fort Worth, were “poisoned by toxic chemicals” after a neighboring farmer took shipment of “smoking” piles of biosolids that contained hazardous per- and polyfluoroalkl substances (PFAS) in late 2022.

The PFAS-laced fertilizer was allegedly made by Synagro of Texas-CDR Inc., using semi-solid treated waste obtained from wastewater facilities. The waste, referred to as biosolids, has been promoted as an effective means for turning sewage into useful agricultural applications that can boost crop yields.

The biosolids are supposed to be treated to remove toxins, but PFAS chemicals are difficult – if not impossible – to break down, and are known to persist in the environment. Sometimes called “forever chemicals,” several types of PFAS are known to be hazardous to human health, including some linked to cancers.

Synagro is one of the largest in the biosolids industry, and knew, or should have known, that its biosolid products contained PFAS, according to the lawsuit, which was filed last week in Maryland, where Synagro is headquartered.

Synagro did not respond to a request for comment. On its website, the company calls itself a “partner for a cleaner, greener world” and says it works to “protect the health of the water, our Earth and those who depend on them now and for the future.”

February 16, 2024

EPA is illegally concealing data about PFAS in millions of plastic containers, lawsuit alleges

By Shannon Kelleher

The US Environmental Protection Agency (EPA) is breaking the law by concealing health and safety data about a class of toxic chemicals called PFAS found in millions of plastic containers, two environmental advocacy groups allege.

The agency is refusing to turn over data on toxic per- and polyfluoroalkyl substances in high-density polyethylene (HDPE) plastic containers produced by the company Inhance, citing “confidential business information.”

Public Employees for Environmental Responsibility (PEER) and the Center for Environmental Health (CEH) have been seeking data held by the EPA about the company and its containers through a 2023 Freedom of Information Act (FOIA) request. But the agency has redacted and withheld key information, the groups allege.

They filed a lawsuit against the EPA on Thursday claiming the agency is violating the Toxic Substances Control Act (TSCA) by refusing to provide the requested data for public scrutiny.

“The cloak of confidential business information cannot be used to hide health and safety studies as EPA is currently doing,” Colleen Teubner, a PEER lawyer, said in a press release. “By sitting on this critical information, EPA is advancing the private interests of a corporate violator and shirking its public health responsibilities.”

The groups sent a demand letter to EPA in November, arguing that the agency “has no statutory basis” for its refusal to turn over information.

Last year, the EPA ordered Inhance to stop making plastic containers that contain PFAS following legal pressure from PEER and CEH. That order is set to go into effect Feb. 28.