Environmental groups and concerned citizens scored a victory in New Mexico on Thursday that could lead to better regulation of PFAS, also known as "forever chemicals."

Following a meeting of the state's Oil Conservation Commission, board members agreed to hold a hearing next February to consider new rules governing the oil and gas industry and its use of PFAS.

Liliana Castillo, who serves on the Amigos Bravos board of directors, noted the toxic chemicals do not break down in the environment.

"Our water is our most important resource and we need all the protections we can get," she said. "This is especially pressing as drought and heat, fueled by climate change, impact our water supplies."

The commission's decision came after the group WildEarth Guardians filed a petition to ban PFAS in fossil-fuel activities and require that the industry fully disclose the hazardous chemicals it uses.

The petition was filed after the group Physicians for Social Responsibility released a report that showed massive use of PFAS in New Mexico. Report author Dusty Horwitt, a senior consultant for the group, testified that oil and gas companies acknowledged injecting PFAS into more than 200 wells in six counties in the Permian and San Juan basins between 2013 and 2022. However, industry records also show fracking chemicals were injected into 8,200 other wells.

"These chemicals could be PFASs or other toxics, but their identities are kept secret from the public and regulators, as allowed by New Mexico law," he said. "The public has a right to know these chemical identities - and a right to be free from 'forever chemical' pollution."

Speaking on behalf of the Sierra Club's Rio Grande Chapter, Antoinette Reyes, the chapter's Southern New Mexico organizer, said her group supports the proposal to make oil and gas companies reveal just what they use for fracking - despite industry concerns that it would expose their methods to competitors.

"There is a way to require the disclosure of chemicals," she said, "similar to the food industry - where you list the ingredients, but don't give away the 'recipe' - which is a way that some states have gotten around the trade-secret issue."

PFAS are associated with cancer, birth defects and developmental damage to infants, as well as impaired functioning of the liver, kidneys and immune system.

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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