Once released into the environment through dispersal or improper disposal of a product, PFAS persist in the environment. These compounds are water-soluble and do not readily adsorb into sediments or soil; they tend to stay in the water column. Because these chemicals resist breaking down, scientists have found them globally — in water, soil, and air as well as in human food supplies, breast milk, umbilical cord blood, and human blood serum. These chemicals are often referred to as “forever chemicals” because of their persistence in the environment. Both PFOA and PFOS are known animal carcinogens and are likely human carcinogens. Given their potential health risks, the U.S. Environmental Protection Agency (EPA) asked the manufacturers to reduce their use of these chemicals.

In 2024, EPA established legally enforceable levels, called Maximum Contaminant Levels (MCLs), for four PFAS in drinking water: PFOA, PFOS, PFHxS, PFNA, and HFPO-DA.  In addition, EPA as contaminants with individual MCLs, and PFAS mixtures containing at least two or more of PFHxS, PFNA, HFPO-DA, and PFBS using a Hazard Index MCL to account for the combined and co-occurring levels of these PFAS in drinking water. EPA also finalized health-based, non-enforceable Maximum Contaminant Level Goals (MCLGs) for these PFAS. Those levels are shown below:

The rule requires public water systems to start testing for these compounds and will require them to implement treatment solutions if drinking water levels exceed these MCLs.

EPA is also making unprecedented funding available to help ensure that all people have clean and safe water. In addition to the final rule, EPA announced $1 billion in newly available through the Bipartisan Infrastructure Law to help states and territories implement PFAS testing and treatment at public water systems and to help owners of private wells address PFAS contamination.

AFFF manufacturers had the technology to produce AFFF with safer chemicals from as early as the 1960s. However, these manufacturers knowingly chose to make and sell AFFF with PFOA and PFOS. Cities, towns, and neighborhoods surrounding locations where AFFF was dispersed into the environment have reported contaminated groundwater and soil in their communities. Airports, fire-training facilities, and nearby properties may also be contaminated. Chemical manufacturers can be held liable for their negligence. Litigation against these companies has resulted in the recovery of billions of dollars, much of which has been applied toward the cost of cleanup efforts.

ELG currently represents public entities (including States) who are seeking damages for PFAS contamination to public water systems, airports, fire-training facilities, and other sites. In addition, ELG represents individual owners of private wells and other contaminated properties.