California Attorney General Rob Bonta has taken a significant step by co-leading a coalition of 17 states in filing an amicus brief with the U.S. Court of Appeals for the D.C. Circuit. The brief supports a U.S. Environmental Protection Agency (EPA) rule that establishes nationwide drinking water standards for per- and polyfluoroalkyl substances (PFAS), commonly known as "forever chemicals." These standards are set under the Safe Drinking Water Act and target six specific PFAS chemicals: PFOA, PFOS, PFHxS, GenX, PFNA, and PFBS.
The federal rule mandates public water systems across the United States to test and treat drinking water for these contaminants if necessary. It addresses each chemical individually and as mixtures due to their unique threats.
"Like many Americans across this country, we at the California Department of Justice have been greatly concerned about PFAS exposure," stated Attorney General Bonta. He emphasized efforts to hold manufacturers accountable and support federal regulations safeguarding drinking water from PFAS.
PFAS are prevalent in consumer products such as food packaging, cookware, clothing, carpets, shoes, fabrics, polishes, waxes, paints, cleaning products, and firefighting foams. They persist in the environment without breaking down easily and can leach into groundwater. Exposure to these substances is linked to several health issues including various cancers and developmental defects.
The states involved argue that the EPA's rule will significantly enhance public health protections by using a hazard index approach to regulate both individual chemicals and mixtures.
Attorney General Bonta's commitment extends beyond this brief. On November 10, 2022, he filed a lawsuit against major manufacturers like 3M and DuPont for their role in perpetuating harm through PFAS production. He has also participated in multistate efforts supporting related EPA proposals.
The amicus brief was co-led with attorneys general from Connecticut, New Jersey, Arizona, Colorado, Delaware, District of Columbia, Hawai’i, Illinois, Maryland Massachusetts Michigan Minnesota New York North Carolina Oregon Rhode Island Wisconsin.