water pollution

June 27, 2024

Rain-fed streams lacking federal protections are vital for water quality, study finds

By Shannon Kelleher

New data supports environmental advocates’ long-held position that small, rain-fed streams make major contributions to water quality in rivers and lakes across the US.

So-called “ephemeral streams,” which only flow after precipitation falls and are not currently protected under the Clean Water Act, contribute more than half of the water discharged from US regional rivers, according to the study, which published on Thursday in the journal Science. These streams are likely a major pathway for downstream water pollution, the study concluded.

The findings back concerns that a 2023 US Supreme Court decision in the case titled Sackett v. Environmental Protection Agency (EPA) may put many US waterways and communities living downstream at risk of exposure to pollutants. The ruling effectively removed federal protections for ephemeral streams and wetlands, narrowly defining “waters of the United States” as “relatively permanent, standing or continuously flowing bodies of water.”

The study provides “some scientific confirmation that pollution would flow significantly downstream from these smaller waterways,” said John Rumpler, clean water director and senior attorney for the organization Environment America.

“That’s a really important finding,” he said. “If polluters are allowed to dump into ephemeral streams with impunity and there’s no federal recourse, then downstream water quality can be dramatically impacted.”

The Supreme Court’s move to limit the Clean Water Act has been met with alarm by environmentalists and sharp criticism from the Biden administration, with President Joe Biden saying in a statement last May that it “upends the legal framework that has protected America’s waters for decades.”

A 2022 brief filed in the Supreme Court by 45 senators and 154 House members expressed support for more limited federal control in the Clean Water Act, siding with petitioners in the then-pending Sackett v. EPA case.

June 9, 2024

Worries in wine country: Napa Valley wrestles with chemical contamination controversy

By Shannon Kelleher

Famous for its lush vineyards and cherished local wineries, Napa Valley is where people go to escape their problems.

“When you first get there, it’s really pretty,” said Geoff Ellsworth, former mayor of St. Helena, a small Napa Valley community nestled 50 miles northeast of San Francisco. “It mesmerizes people.”

What the more than 3 million annual tourists don’t see, however, is that California’s iconic wine country has a problem of its own – one that has spurred multiple ongoing government investigations and created deep divisions among residents and business owners, with some fearing the region’s reputation and way of life may be in peril.

At the heart of the fear is the decades-old Clover Flat Landfill (CFL), perched on the northern edge of the valley atop the edge of a rugged mountain range. Two streams run adjacent to the landfill as tributaries to the Napa River.

A growing body of evidence, including regulatory inspection reports and emails between regulators and CFL owners, suggests the landfill and a related garbage collection, recycling and composting business known as Upper Valley Disposal Services (UVDS) have routinely polluted those local waterways that drain into the Napa River with an assortment of dangerous toxins.

The river irrigates the valley’s beloved vineyards and is used recreationally for kayaking by over 10,000 people annually. The prospect that the water and wine flowing from the region may be at risk for contamination with hazardous chemicals and heavy metals has driven a wedge between those speaking out about the concerns and others who want the issue kept out of the spotlight, according to Ellsworth.

“The Napa Valley is amongst the most high-value agricultural land in the country,” said Ellsworth, a former employee of Clover Flat. “If there’s a contamination issue, the economic ripples are significant.”

April 12, 2024

Firefighting foam company reaches $750 million PFAS settlement

By Shannon Kelleher

The company Tyco Fire Products today reached a $750 million settlement to help resolve claims related to its firefighting foam, which allegedly contaminated drinking water systems with harmful PFAS chemicals for decades.

Once the settlement is approved, an estimated 7,000 to 8,000 US public water systems could receive money to treat contaminated drinking water, said Joe Rice, co-lead attorney for the plaintiffs with the Motley Rice law firm. Water systems that test positive for PFAS by May 15 may be eligible to benefit from the settlement.

“$750 million towards this problem, that is a huge contribution,” said Rice.

Tyco, a subsidiary of Johnson Controls, does not admit liability or wrongdoing by agreeing to the settlement.

The announcement builds on last summer’s landmark settlements from the companies 3M, Dupont, and others, which could total up to nearly $14 billion to assist affected water systems as they test for and clean up PFAS contamination. 3M’s settlement received final approval April 1.

Earlier this week, US regulators announced the nation’s first legally enforceable limits for levels of six toxic per- and polyfluoroalkyl substances (PFAS) in drinking water, a move the US Environmental Protection Agency (EPA) says should prevent thousands of deaths and reduce serious illnesses in people across the country.

April 9, 2024

Unsafe levels of PFAS contaminate global water sources, study finds

By Shannon Kelleher

A large part of the world’s surface waters and groundwater contains toxic PFAS chemicals at levels higher than regulators consider safe for drinking water, according to a new analysis of data from more than 45,000 water samples collected from around the world.

The data points to Australia, China, Europe and North America as hotspots for contamination by per- and polyfluoroalkyl substances (PFAS), although the authors suggest this may be skewed due to higher levels of sampling in these regions.

The findings, which were published April 8 in the journal Nature Geoscience, come as regulators in the United States prepare to set the first enforceable drinking water limits for certain types of PFAS. Many US states and other countries have already set regulations for PFAS in drinking water.

“I was surprised to find out the large fraction of source waters that are above drinking water advisory recommendations,” Denis O’Carroll, an engineering professor at the University of New South Wales in Australia and an author of the study, said in a press release.

The number of samples considered unsafe was higher in countries that have stricter PFAS drinking water guidelines and regulations. In Canada, which has one of the strictest recommendations for PFAS in drinking water, 69% of groundwater samples had levels that surpassed that country’s threshold, while only 6% of samples from the European Union failed to meet its criteria.

December 15, 2023

EPA proposes tighter standards to slash slaughterhouse pollution

By Shannon Kelleher

Following a legal challenge from environmental groups, the US Environmental Protection Agency (EPA) on Friday proposed new standards aimed at reducing water pollution from slaughterhouses and meat processing plants. The move is the agency’s first such effort in two decades.

The EPA said its preferred option presented in the proposed rule could eliminate about 100 million pounds of water pollution generated by large slaughterhouse and meat processing plants each year.

The plan would put stricter limits in place for nitrogen in liquid waste that is directly discharged into waterways and would establish limitations for phosphorus for the first time. It would also establish the first pretreatment standards for oil, grease, and certain other pollutants. The standards would apply to about 845 of the 3,879 slaughter and meat processing facilities that discharge waste into US waters.

“It’s a very good step in the right direction,” said John Rumpler, senior clean water director for Environment America, a network of state environmental groups. “But by EPA’s own estimates they could be doing more to curb pollution from this sector,” he said.

The EPA said its plan “follows the latest science” and “would help protect the nation’s vital water resources, which support safe drinking water, agriculture, industry, recreation activities, and thriving communities, through the implementation of affordable and available wastewater treatment technologies.”

An alternative option proposed by the EPA would apply to the same 845 facilities, eliminating an estimated 228 million pounds of water pollution per year, according to the EPA. A third option would extend requirements to some smaller facilities, affecting almost twice as many facilities and eliminating an estimated 322 million pounds of pollution per year, the EPA said.

In addition, the EPA is proposing limits on E. coli bacteria in wastewater directly discharged into waterways, which can cause severe illness if consumed by humans.

October 26, 2023

PFAS chemicals linked to thyroid cancer, human data suggests

By Shannon Kelleher

Exposure to some per- and polyfluoroalkyl substances (PFAS) may increase thyroid cancer risk, according to a study published Tuesday.

The analysis, which compared blood samples from 88 people who developed thyroid cancer with samples from people who did not, is the first to document an association between PFAS and thyroid cancer, which had been previously hypothesized. Past research has linked these endocrine-disrupting chemicals to thyroid disease, a condition in which the gland produces too many or too few hormones. The new research adds to a growing list of health problems linked to PFAS, including kidney cancer, testicular cancer, ulcerative colitis, high cholesterol, and hypertension during pregnancy.

The study, which looked at eight different types of so-called “forever chemicals,” found that doubly high levels of perfluorooctanesulfonic acid (PFOS) in the blood corresponded with a 56% higher risk for thyroid cancer diagnosis. The PFAS chemicals perfluorononanoic acid (PFNA), perfluorooctylphosphonic acid (PFOPA), and perfluorohexanesulfonic acid (PFHxS) were also found to be associated with thyroid cancer.

“Although preliminary, this is an important study highlighting the risk of thyroid cancer derived from PFAS contamination of water and soil,” said Luca Chiavato, a professor of endocrinology at the University of Pavia in Italy who was not involved with the study.

August 30, 2023

Historic 3M PFAS settlement gets preliminary court approval

By Shannon Kelleher

A federal court on Tuesday granted preliminary approval for a “landmark” $12.5 billion payout by chemical conglomerate 3M to resolve claims in a class action lawsuit and help public drinking water providers remove toxic per- and polyfluoroalkyl substances (PFAS) from communities around the United States.

The court approval comes a week after DuPont and related companies received preliminary approval for a $1.185 billion settlement that similarly addresses class action claims over toxic PFAS contamination in US water systems. Together, the deals mark the largest drinking water settlements in history.

Both settlements relate to water system contamination by PFAS in aqueous film-forming foam (AFFF), used as a firefighting agent and widely used by military and civilian airports as well as municipal fire departments.

The AFFF litigation is one aspect of more extensive and ongoing litigation against 3M and DuPont that blame the companies for knowingly contaminating the environment with PFAS for decades despite evidence that the substances pose a risk to human health. Lawyers representing plaintiffs in the litigation have uncovered internal corporate records dating back to the 1960s revealing corporate concerns about PFAS that were not shared with the public or regulators.

“These new proposed settlements for public water providers in the AFFF litigation represent not only historic amounts of potential recoveries for victims of PFAS contamination, but also reflect the decades of work our team has undertaken to make sure the information these companies had – but withheld – as to the threat these ‘forever chemicals’ pose to human health and the environment is finally revealed to the public, and that the proper parties are held financially responsible for the enormous damage caused,” plaintiffs’ attorney Rob Bilott, who has led PFAS litigation for more than 20 years, said in a press release.

July 6, 2023

Poop pathogens threaten US beachgoers nationwide, study finds

By Shannon Kelleher

Beachgoers may be on the lookout for sharks and jellyfish, but one danger lurking beneath the waves this summer originated onshore — pathogens from human and farm animal waste. Over half of US beaches tested in 2022 harbored potentially unsafe levels of contamination, according to an analysis released today by the organizations Environment America Research & Policy Center and Frontier Group.

The study found that 1,761 out of 3,192 coastal and Great Lakes beaches tested across the country last year showed fecal contamination levels above an Environmental Protection Agency (EPA) benchmark on at least one day that year. 363 of the beaches showed potentially unsafe levels on at least a quarter of the days they were tested. Much of the contamination comes from stormwater runoff in developed areas, outdated and deteriorating sewage systems, and factory farming, the authors write.

Swimming in water contaminated with fecal bacteria can cause gastrointestinal and respiratory illness, as well as infections, according to the EPA’s website.

“If it [had] just rained the day before, that might not be the day to go to the beach, particularly if there are local sewage treatment plants that discharge anywhere [nearby],” said John Rumpler, Clean Water Director at Environment America Research & Policy Center and an author of the report.

Rumpler also advised checking real-time water quality data that many communities use to alert beachgoers before traveling to a favorite vacation spot.

March 14, 2023

Common dry-cleaning chemical could be a cause of Parkinson’s disease, scientists say

A chemical commonly used to dry clean clothes could be key contributor to the sharp rise in the spread of Parkinson’s disease in the United States, according to a paper published on Tuesday.

Twelve scientists specializing in medical research said they found important “circumstantial” evidence linking the chemical trichloroethylene (TCE) to the doubling of global instances of Parkinson’s disease over the past 30 years. In their paper, published in the Journal of Parkinson’s Disease, the scientists called for much more research and regulation of TCE, warning that “widespread contamination and increasing industrial, commercial and military use,” pose a dire public health threat.

“TCE may be the most important cause of Parkinson’s disease in urban environments in the US,” said Ray Dorsey, a neurologist at the University of Rochester Medical Center and the lead author on the paper.

TCE is one of multiple environmental pollutants implicated in the rise of Parkinson’s disease. Research has also linked particulate air pollution and certain pesticides, including paraquat herbicide, to the disease. Head trauma and genetic factors also play a role, according to research findings.

December 15, 2022

Climate change brings new urgency to threats posed by abandoned California gold mines

By Leah Campbell

On the western slopes of the Sierra Nevada mountain range in California sits the small town of Nevada City, a historic Gold Rush community where prospectors once mined for riches in the creek that ran alongside town. Today, it’s a popular tourist destination known for its easy access to the picturesque Yuba River and the region’s famed ski resorts.

Belying the welcoming charm of Nevada City, just a few miles to the south lies a different sort of legacy – a 30-acre plot of toxic desolation known as the Lava Cap Mine where arsenic-laden waste from decades of gold and silver mining has contaminated area soils and water. In 1997, a log dam built to contain the debris collapsed in a winter storm and roughly 10,000 cubic yards of mine waste – enough to cover almost five football fields – washed through creeks and into a nearby lake.

For more than two decades now, the site has been on the Environmental Protection Agency’s (EPA) Superfund list, one of thousands of locations designated as posing “unacceptable risks to human health and the environment.” Clean-up efforts are still in progress at Lava Cap.

Lava Cap is among many abandoned hardrock mines strewn through what Californians call “Gold Country.” State and federal officials estimate that there are almost 50,000 such mines in California and more than 160,000 overall across the western United States. Not all are contaminated, but those that are continue to leach out toxic substances, experts say.

Cleanup of these sites take years and cost millions of dollars. But now, climate change is creating new urgency amid fears that more frequent and volatile flooding and out-of-control wildfires will further spread the toxins.

“There’s been decades of research about remobilizing of mine waste by floods,” said Sheila Murphy, a hydrologist with the US Geological Survey (USGS) who has studied the impacts of extreme weather on mine-contaminated watersheds. “One of the issues is when these big floods then move the sediment into streams or reservoirs,” she said. “It’s just sitting there vulnerable to being remobilized over time.”

Murphy is just as concerned with fire as she is with floods. Changes to the soil, ash buildup, and the burn-off of vegetation after a fire means that fire-scarred lands are more prone to floods and mudslides, not just for a single season, but potentially for several years after a fire.

When it comes to the remobilization of contaminated mine waste because of flooding, “fire puts that on steroids,” Murphy said.