Barry Law Environmental and Earth Law Journal

Within the United States, high levels of toxic chemicals which are manufactured and used in our everyday products have been under examination for claims of potential long-term negative effects to people and to the environment. Due to their transferability, toxic chemicals are penetrating our foods and water sources around the country. One group of chemicals of particular concern are PFAS also known as “forever chemicals.” [1]  “Per-and polyfluorinated substances (PFAS) are a man-made family of chemicals, with PFOS (perfluorooctane sulfonic acid) and PFOA (perfluorooctanoic acid) being the most studied and understood.” [2] “PFAS are stable chemicals that do not naturally degrade.” [3] “When released into the environment, PFAS can cause contamination to soil, groundwater and surface water, and these impacts may pose a risk to public health.” [4]

  PFAS have been the subject of recent legislation within the state of Florida and other states such as California, Alaska, New Mexico, and Maine. [5]. The intended use of PFAS is to create durability in consumer goods such as cooking products, electronics, cosmetics, clothing, and other industrial items. [6] However, this durability comes with a cost. The water in Florida is increasingly becoming contaminated with PFAS from the use of these products which poses potential harm to the citizens of Florida and its environment. [7]

In fact, one group of researchers are bringing to light evidence of contaminants that penetrate Florida’s lagoons. [9] University of Florida researchers have conducted tests for PFAS in the Indian River Lagoon. [10]Researchers found that the levels of PFAS in the Indian River Lagoon were “almost four times the level of what’s safe in drinking water. ”[11] The article added that, “although no one is drinking water from the lagoon”, these PFAS contaminants are being found in fish, alligators, and other sea life. [12]Moreover, foods that are grown in contaminated soil and the packaging of the food that people eat have all been affected by PFAS. [13] Additionally, the United States Environmental Protection Agency has advised people to avoid eating fish from waterways impacted by PFAS as one way to reduce exposure to PFAS. [14]                 

            The Florida Department of Environmental Protection is, “continuing to monitor and examine PFAS in the environment and the risks associated with PFAS contamination.” [15] However, according to the Florida Department of Health, there is no conclusive evidence that these chemicals are cancerous or cause other illnesses. The long-term effects of PFAS are unable to be determined at this time. [16] Nevertheless, other sources say that PFAS have been linked to immune system suppression and reproductive problems. [17] Additionally, there have been at least 103 adopted polices in 23 states pertaining to the regulation of toxins in order to phase out products containing PFAS. [18] Further, the Governor of Florida, Ron DeSantis, recently passed legislation requiring target clean up levels to reduce the current levels of PFAS. [19] As of today, 4 out of the 5 polices pertaining to toxic chemical regulation has been adopted in the state. [20] This suggests that whether or not the effects of PFAS are able to be determined in the state, Florida’s representatives are being proactive and aligning with federal agencies and other states that are concerned with the potential negative effects from exposure to PFAS. [21]

Written by 2022-2023 Associate Editor, Colleen Donald.