News Feature | May 19, 2021

3M Sues Michigan Over PFAS Drinking Water Rules

Peter Chawaga - editor

By Peter Chawaga

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Treating per- and polyfluoroalkyl substances (PFAS), drinking water contaminants that have been tied to significant health consequences in consumers, is an expensive and difficult proposition.

To combat the issue, many communities have introduced their own limits on how much of the contaminants can be present in drinking water. But in Michigan, that effort has incited a legal clash.

“3M recently filed a lawsuit against the Michigan Department of Environment, Great Lakes & Energy and its drinking water standards adopted last year, calling them ‘the result of a rushed and invalid regulatory process, scientifically flawed, and reliant on speculative and unquantified purported benefits to justify the costly’ rules,” The Detroit News reported. “New water standards were put into effect last August under Gov. Gretchen Whitmer, which established clear standards for public water supplies, sampling requirements and public notification requirements.”

At issue is 3M’s evaluation that Michigan did not properly evaluate how much it would cost for drinking water systems to comply with the rules, as they may need expensive system upgrades to be capable of filtering out PFAS from effluent.

3M has been accused of contaminating source water with PFAS in the first place, as the chemicals were part of its production processes. It has pushed back against similar treatment limits in other parts of the country as well.

“With the filing, Michigan becomes the latest state to face a challenge to its PFAS limits in drinking water from chemical makers,” according to MLive. “3M is pressing a similar case in New Jersey and lost a challenge in New Hampshire after the state legislature passed a law adopting that state’s standards.”

In addition, 3M and Michigan are locked in a legal battle over the chemical company’s role in PFAS contamination in the state.

“[Michigan Attorney General Dana Nessel] has sued 3M and other PFAS manufacturers in court, claiming they hid the potential hazards of products made with the chemicals such as firefighting foam,” per MLive. “Through two lawsuits, the state is seeking damages and cost recovery from 3M for tackling PFAS contamination, which has been found at more than 160 locations across Michigan.”

To read more about how drinking water treatment plants combat PFAS contamination, visit Water Online’s PFAS Solutions Center.