West Virginia lawmakers are expected to introduce legislation in 2023 aimed at regulating PFAS chemicals in the state's drinking-water systems.

Commonly found in Teflon cookware, water-resistant clothing, fast-food packaging and other consumer goods, PFAS have been linked to cancer, immune suppression, neurodevelopmental disorders, thyroid disease, decreased fertility and other conditions.

Luanne McGovern, a member of the board of directors of the West Virginia Highlands Conservancy, explained that The Clean Drinking Water Act of 2023 - modeled after last year's House Bill 4055 - would outline a strong set of actions to curb residents' exposure to the chemicals.

"The legislature, first off, wants to set state-specific maximum contaminant levels for certain PFAS chemicals," said McGovern. "They also want to establish a PFAS action-response team to go after some of the really high areas. They also want to require facilities that are using PFAS to report their use."

Last summer the Environmental Protection Agency released drinking-water health advisories for some PFAS compounds, listing the threshold of contamination least likely to cause harm to human health. The advisories are only recommendations and are not enforceable.

Last week the agency released its new PFAS database, which it says will help public-health experts and scientists better understand potential PFAS sources in their communities.

A federal study released in 2022 found PFAS in 67 West Virginia public water systems, out of more than two hundred tested.

McGovern pointed out that the bulk were concentrated along the Ohio River, in the Parkersburg area, and in the eastern panhandle - all highly populated regions.

"I think," said McGovern, "having this study has really empowered people to go to their local water treatment, their local town or city, and say, 'Hey, what are you doing with this? What are we doing to put in the right equipment to be taking PFAS out of our drinking water?'"

Meanwhile, some manufacturers are moving away from using the chemicals. The company 3M announced last month a plan to phase out PFAS by the end of 2025.

In 2022, Colorado passed a law requiring oil and gas operators to let the public know what chemicals were being used underground. Chemicals are routinely used for drilling and fracking and many are considered hazardous to human health.

But a new report showed as of May 1, 2025, 65% of operators have not disclosed the chemicals they use.

Dusty Horwitt, consultant for the group Physicians for Social Responsibility, said people living near oil and gas wells disproportionately experience negative health effects.

"It's really critical for people living near oil and gas operations, for their health providers, for first responders to know what chemicals are going into the wells," Horwitt contended.

Chevron and its subsidiaries operate more than half of the 439 wells with no chemical disclosures posted on FracFocus, the official state-designated repository. The company has come under increased scrutiny after an explosion in Weld County released a watery mix of chemicals and crude oil into surrounding properties and waterways for five days straight last month. Chevron has not yet responded to a request for comment.

Many oil and gas companies have pushed back against revealing their chemicals, arguing the information was a proprietary trade secret. Horwitt pointed out the 2022 law requires operators to disclose the names of chemicals, but not the formula.

"Similar to the way that food makers have to publish the list of the ingredients in a food product, but not the recipe," Horwitt explained.

Colorado has also banned the use of PFAS but Horwitt noted the new report raises serious concerns about whether forever chemicals continue to be used. He argued ultimately, Gov. Jared Polis and his appointees on the Energy and Carbon Management Commission are responsible for upholding the law.

"Is it that the companies who operate the wells aren't complying, is it that the companies that manufacture the chemicals aren't complying?" Horwitt asked. "Whatever the case may be, the governor and the state agency -- the ECMC -- need to get to the bottom of this."


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North Dakota lawmakers have opted to side with farm chemical manufacturers facing legal challenges about the safety of their products.

The state has finalized an update that limits the scope of how warning labels on these products can be viewed by the courts. This week, Gov. Kelly Armstrong signed a bill which said for a product like the weed-killer Roundup, a label consistent with federal Environmental Protection Agency language is good enough when warning about potential hazards. The agency currently finds no evidence Roundup causes cancer.

Sam Wagner, field organizer for the Dakota Resource Council, is among critics of the plan. He said the EPA's efforts and wording do not have enough teeth.

"The 'sufficient warning' clause basically would grant immunity to a company, saying that, 'We have warned you and the label has adequately told you what the risks are. So, if you have developed cancer, then you have done it on your own accord,'" Wagner explained.

Farm groups backed the new law, arguing it helps keep products on the market to protect crops from pests and disease. Similar bills surfaced in states like Iowa, Missouri and Georgia this year. Other states, like California, require more detailed labels amid a wave of lawsuits against manufacturers, some of which led to large monetary awards for plaintiffs.

Wagner contended his group's opposition is not just about high-profile products sold to farmers. He pointed to the roughly 1,600 chemicals registered with government agencies.

"Can you, with 100% certainty, say that every other chemical that we have -- and will be made in the future -- that they're going to be able to get it 100% right?" Wagner asked.

Sen. Janne Myrdal, R-Edinburg, a farmer and bill supporter, said agricultural workers are well aware of the dangers thanks to the labeling and go to great lengths to protect themselves.

"There are strict label requirements on how you're supposed to dress," Myrdal pointed out. "You have rubber gloves, facial (and) eye (shields), long boots, all of those things when you deal with those chemicals. And you should do that, because that's what the label said on some of these chemicals."

One organization is taking the Trump administration's promises to "Make America Healthy Again" seriously.

The Center for Biological Diversity is petitioning the new Secretary of Health and Human Services, Robert F. Kennedy Jr., and several federal agencies responsible for different facets of food safety. The group is asking them to ban what it said Kennedy has called "extraordinarily toxic pesticides" from food.

Lori Ann Burd, environmental health director and senior attorney at the center, thinks Tennesseans would agree it is time for action, since it is estimated more than 1 billion pounds of pesticides are used annually in the U.S.

"For Tennessee, that would mean, essentially, that the most dangerous pesticides would no longer be used on food crops, so it would benefit consumers," Burd asserted. "It would also help to keep farmworkers, growers and their surrounding communities safer because they wouldn't have any exposure to these pesticides after they would be banned."

Recent Consumer Reports testing found concerning pesticide levels, some 100 times higher than deemed safe, in 20 percent of 20% of the foods tested, including common produce items like blueberries and green beans.

Burd noted Secretary Kennedy has already called out herbicides like atrazine as toxic. It is used primarily on corn crops and has been linked to water contamination, fertility issues and other health risks.

"We've also named glyphosate, which is the most used herbicide in the country and the most used pesticide overall," Burd noted. "We use about 330 million pounds of that in agriculture each year in the United States, and that is a suspected carcinogen."

The Modern Ag Alliance called glyphosate "Tennessee farmers' Number One tool to control weeds and keep crop yields high." The petition urges the Food and Drug Administration to enforce safety for imported foods, the Environmental Protection Agency to ban toxic pesticides, and the U.S. Department of Agriculture to tie farm subsidies to pesticide-free practices. It also called for clear warnings in federal dietary guidelines to avoid foods contaminated with harmful pesticides.


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