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A guest opinion editorial

By Stan Gottfredson
President and CEO of Atraxia Law

Major manufacturers nationwide, including in Alabama, have long relied on toxic chemicals to produce everyday products. Among the most widely used are per- and polyfluoroalkyl substances (PFAS), a class of synthetic compounds linked to various health issues. According to the Environmental Protection Agency (EPA), roughly 120,000 facilities in the country have handled PFAS, which were often released into the environment. As a result, communities in Alabama now grapple with contaminated drinking water while polluters evade financial responsibility. Instead of liable industries footing the bill for the cleanup efforts, utilities and household consumers are left with soaring costs. 

To tackle this unceasing crisis, Utah has taken a bold step by advancing the Water Systems PFAS Liability Protection Act—a bipartisan measure offering a clear and corrective solution. The law ensures that water systems are not held financially responsible for PFAS contamination they did not cause, while holding actual polluters accountable. With this legislation, Utah has drawn a firm line in defense of public health, environmental responsibility, and fundamental fairness. Alabama should follow that lead before the financial and ecological consequences grow even more severe. 

All 50 states deal with the fallout from decades of industrial use of these chemicals. Since the 1940s, PFAS have been valued for their oil, grease, water, and heat resistance, so they became a staple in various industries. Yet this exceptional durability has made it one of the most persistent and dangerous pollutants, allowing it to accumulate in the environment and living organisms. Studies have linked high levels of these chemicals to severe medical conditions, such as cancer, reproductive issues, developmental delays in children, immune system dysfunction, hormonal disruptions, obesity, and increased cholesterol count. 

Addressing this crisis, the EPA has earlier set a maximum contaminant level (MCL) of four parts per trillion (ppts) for two of the most notorious PFAS compounds in drinking water. Despite this, authorities still cautioned the public that no level of exposure is considered safe, and even the slightest contact can result in health issues. Unfortunately, this warning came too late as PFAS have already caused widespread contamination in public water systems throughout the country, especially in Alabama.

The latest map revealed that over a hundred water systems in the Yellowhammer State have detected significant amounts of hazardous substances, with many exceeding the MCL. Among these was the South Marengo Water & Fire Protection Authority, which found 15 ppts of PFOS and 9.2 ppts of PFOA in its water supply serving 5,610 families. Acknowledging this pressing issue, the state government and several water utilities have initiated remediation efforts, including conducting thorough testing, purchasing and blending PFAS-compliant water from Decatur Utilities, and installing granulated activated carbon (GAC) treatment. 

Although these responses were necessary to protect public health, they remain insufficient to resolve the problem. Alabama has yet to take meaningful action to hold the polluting industries accountable. The financial burden of cleanup and remediation has fallen mainly on local utilities and taxpayers. Without legislation to force polluters to bear the cost of their actions, this concern will continue to strain Alabama’s water systems and residents.

Recognizing the heavy burden placed on water utilities, Utah has reintroduced the bipartisan Water Systems PFAS Liability Protection Act. The bill primarily seeks to shield water management entities from lawsuits related to PFAS contamination. Among those covered are public water systems, treatment works, municipalities operating with a stormwater discharge permit, political subdivisions or special districts serving as wholesale water agencies, and contractors overseeing the disposal activities of these parties. With this exemption, the federal government can ensure that the responsibility of testing and cleaning up tainted water sources falls squarely on the polluters. 

Because of these objectives, the Act garnered widespread support from organizations like the National Association of Clean Water Agencies (NACWA) and the American Water Works Association (AWWA). Accordingly, this legislation effectively advances the “polluter pays” principle for PFAS, which means companies behind this crisis must be held liable and pay for the entailed costs. 

Adopting a similar measure would greatly benefit Alabama since this would serve as a vital framework protecting water systems and residents from unnecessary strains. Without a clear accountability for PFAS pollution, the state risks facing soaring water utility prices, which would consequently burden consumers. Meanwhile, small utilities could also be significantly impacted as they struggle to meet evolving safety standards while maintaining affordable services. By following Utah’s example and passing similar legislation, Alabama can take a critical step in safeguarding public health and securing the long-term sustainability of its water systems.