BISMARCK, N.D. -- Opponents of a new North Dakota law, which places restrictions on suing companies over asbestos exposure, say time is running out for screenings ahead of the changes.
The new law goes into effect August 1, but labor unions and veterans groups urged anyone who thinks they were exposed to asbestos should schedule a screening before July 15.
Landis Larson, president of the North Dakota AFL-CIO, said a screening before the deadline would give them enough time to be covered under the old statute if they feel they have a legal case, allowing court proceedings to take shape if needed.
He added it will be a whole new ballgame this fall.
"You basically can't sue unless you have cancer now," Larson pointed out. "But it also put a whole bunch of procedural roadblocks in front of those people to make it almost impossible for them to get any kind of compensation while they're still alive."
Supporters of the law say it will weed out fraudulent claims, and push those who are able to demonstrate an illness caused by asbestos to the front of the line.
The material, linked to mesothelioma, had a large presence in various products and buildings between the 1940s and 1990s, as well as U.S. Navy ships. It eventually led to scores of legal settlements for victims.
Jim Nelson, president of the North Dakota Veterans Legislative Council, said he believes he was exposed to asbestos while serving in the Navy during the Vietnam War.
Nelson has been told his breathing problems were caused by smoking, but noted there are barriers for veterans to getting an asbestos-related diagnosis. Nelson asserted the new law doesn't help.
"Listen to your constituents and forget about the big bucks," Nelson stated. "That's what it's all about; it's about the big business."
Nelson and others speaking out against the law emphasized it can take decades for symptoms to surface.
They see adding roadblocks to compensation as an insult to those suffering, especially when they are older, but the law sailed through the Legislature by wide margins and was signed by the governor in April.
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Minnesota has more than 10,000 brownfield sites, which are abandoned or idled properties in need of contamination removal. State officials will soon provide grants to help retail corridors in underserved areas assess their own environmental threats.
The Minnesota Pollution Control Agency (MPCA) is using $2 million from the federal Environmental Protection Agency to carry out the initiative. Over the next five years, 64 site assessments and up to 15 specific cleanup plans will be funded.
Amy Hadiaris, supervisor of the voluntary investigation and cleanup program for the MPCA, said they are specifically trying to help transform family-owned business and other commercial sites that have long suffered from environmental injustice.
"They don't have the resources needed to turn over those properties, to investigate them, to put them to higher use," Hadiaris explained.
While owners and communities from across the state will be able to apply, four specific sites already have been identified for priority cleanup and brownfield redevelopment. Skeptics of the government programs said while there is an environmental benefit, they sometimes push out longtime residents of low-income neighborhoods after a site is redeveloped.
Hadiaris suggested they hope to avoid such outcomes when the grant money is applied and projects move forward.
"Our goal is to support redevelopment projects that are important to the community," Hadiaris emphasized. "Maybe that's small businesses or affordable housing, nonprofit services; maybe even green space, like a pocket park in a neighborhood that doesn't have much green space."
One of the targeted sites is the West Broadway corridor in North Minneapolis. The redevelopment is being led by Justice Built Communities, which said one of its goals is preventing gentrification and displacement. As for other possible sites around Minnesota, applications will be accepted throughout the program's five-year window. Funds will not be available until later this year.
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Compared to other states, North Dakota has not seen a lot of documented water contamination from the "forever chemicals" known as Perfluorinated and Polyfluorinated Substances (PFAS), but residents who suspect there may be exposure in their community are being urged to follow up.
The Center for Health, Environment and Justice is encouraging grassroots efforts to address suspected contamination. Policymakers and scientists are paying more attention to health risks tied to the human-made compounds found in many consumer products and firefighting foam.
Andrea Amico, co-founder of the Testing for Pease community action group in New Hampshire, said for anyone thinking about getting involved, there are ways to make your voice heard.
"Testifying at government hearings on PFAS, attending and presenting at national conferences, participating in exposure assessments and health studies," Amico outlined.
Amico became involved after her family was affected by contaminated drinking water near a former Air Force Base in her state, where firefighting foam had been used in training. In 2020, North Dakota collected samples from dozens of water systems, yielding three minor detections, and there are concerns with soil contamination reported at sites like Fargo's Air National Guard Base.
In addition to military sites, Amico pointed out people living in industrial areas and near landfills should be aware of what's potentially lurking in their groundwater. The national coalition she is involved with has established goals to help protect communities around the country.
"And we want to work towards regulation of PFAS as a class, and we want it at one part per trillion or less, as we feel that is the most protective standard for communities," Amico asserted.
She added challenges include navigating the multiple layers of communication in reaching out to regulators and elected officials.
While the military funded the cleanup of the site near her home, Amico noted those examples are rare. The federal infrastructure law approved last year included $10 billion to address PFAS contamination nationwide.
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An annual list of best and worst produce, in terms of pesticide residue, is out - and strawberries, spinach, kale, and collard and mustard greens top the list.
The 2022 "Dirty Dozen" from the Environmental Working Group also include nectarines, apples, grapes, peppers, cherries, peaches, pears, celery and tomatoes. Sydney Swanson, a healthy-living science analyst for the group, said the data comes from the U.S. Department of Agriculture, based on 45,000 produce samples.
"This year, we did find that over 70% of conventional produce sold in the United States was contaminated with pesticides," she said. "While everything tested was within legal limits, we believe that 'legal' does not mean 'safe.'"
Farmers have said they only apply pesticides approved by the feds. EWG said people should still eat lots of fruits and vegetables, but recommends they choose organic produce. Last year, the Biden administration reinstated an Obama-era ban on the notorious pesticide chlorpyrifos, a ban that was lifted during the Trump years.
Swanson said people should wash all fruits and vegetables, but noted that the USDA also washes the produce samples before testing them.
"The USDA washes them and prepares them the exact same way that a consumer would prepare them at home," she said, "and they test it that way. So, the pesticide residue that we would be exposed to is the same amount that the USDA is detecting."
The group also publishes a list of produce it calls the "Clean Fifteen" - on which almost 70% of samples had no detectable pesticide residues. That list includes, starting with the cleanest: avocados, sweet corn, pineapple, onions, papaya, frozen sweet peas, asparagus, honeydew, kiwis, cabbage, mushrooms, cantaloupe, mangoes, watermelon and sweet potatoes.
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