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.
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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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Research shows toxic additives have been overlooked in the U.S. food supply, though the federal Food and Drug Administration is charged with regulating them.
Legislation in Montana could start new state-level rules. Senate Bill 155 would create a state panel on food safety and give it the authority to make and enforce rules limiting the availability of foods that contain certain toxic additives, like food coloring.
Sen. Daniel Emrich, R-Great Falls, sponsored the bill and said it will help the state understand the cumulative health effects of consuming toxins.
"First, it's a study process," Emrich explained. "We have to study the issue, see how extensive it is and see if there's regulations that need to be instituted to deal with the issue."
A 2024 study showed toxic chemicals have entered Americans' food supply by being put into a category called "generally recognized as safe." It was meant for common ingredients, like oil and baking soda, which the FDA exempts from a thorough approval process.
The Environmental Working Group in 2022 found 98.7% of the new chemicals introduced to the food supply since 2000 were not FDA approved, amounting to more than 750 chemicals. Emrich pointed out the state could more closely regulate what is being sold inside its boundaries.
"The Food and Drug Administration, they recognize the toxic cumulative effect of these additives, but they don't regulate it," Emrich noted.
He added regulation could improve Montanans' health and save the state "billions of dollars in health care." The bill was referred last week to the Senate Committee on Public Health, Welfare and Safety.
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