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.

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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Environmental advocates in Iowa want state lawmakers to tighten regulations on large livestock feeding facilities, which they say will help protect the state's air and water.

They say right now, Iowa is headed in the wrong direction.

The group Iowa Food and Water Watch has a list of priorities for the 2025 Legislature - from opposing legislation that could limit pesticide companies' liability, to protecting ground and surface water from the 4,000 large animal feeding operations in the state.

Food and Water Watch Iowa Organizer Jennifer Breon said cleaning up Iowa's drinking water is at the top of the list - by requiring those operations to adhere to the U.S. Clean Water Act.

"Only 4% of Iowa's CAFOs or factory farms have Clean Water Act permits," said Breon, "and Iowa has more factory farms than any other state."

Livestock industry operators say they are always balancing efforts to be more environmental friendly with the need to keep up with consumer demand for meat products.

Beyond polluting the air, ground, and surface water near CAFOs, Breon said the 109 billion gallons of manure produced by Iowa's factory farms every year is threatening the state's recreational opportunities.

"It's impossible to swim in the lake in Iowa in the summertime frequently, because of E. coli and algae blooms," said Breon. "Our state is forced to issue warnings about beach closures, pretty much all summer long."

An analysis by Food and Water Watch found that Iowa's factory farms have been fined less than $750,000, despite multiple citations for water pollution over a decade.



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