Newly appointed UN expert Bethanie Carney Almroth on Monday warned that pollution in the form of “forever chemicals,” or polyfluoroalkyl substances (PFAS), poses severe risks to the basic human right of a healthy and safe environment.
Almroth referenced a recent UN report conveying that as PFAS spreads and accumulates in the environment, it has the potential to remain there for centuries to come, because there is no effective technology to remove these chemicals from contaminated ecosystems. This not only raises extreme health and safety concerns, but has global environmental justice implications, as many marginalized communities and developing nations are facing disproportionate impacts from the substances.
Per- and polyfluoroalkyl substances are chemicals that were introduced largely through non-stick and waterproof products in the 1900s. Heavy use has resulted in the contamination of drinking water, air pollution, and introduction of the substance into the food system and into many daily-use products such as cookware and cosmetics. The substances have been linked to severe health risks such as cancer and immune system failure, and have been found in many pregnant women, with potential consequences for newborns.
The chemical is concentrated in heavily industrialized areas like the US and southeastern China, but has traveled through the water system, air streams by burning waste, and trade routes to small local communities and developing countries such as African and pacific nations.
The highest concentrations in the US can be found largely on the east coast, but nearly every state has reported water contamination in quantities above Environmental Protection Agency (EPA) standards. The EPA has only just begun establishing legal limits on PFAS in drinking water, despite the knowledge that the chemical has posed health hazards for decades, but recent rollbacks have impacted the effectiveness of these standards.
Presence of the substance in nearly every facet of daily life, violates the human right laid out by the UN, to a clean, healthy, and sustainable environment. While this carries no legal weight for UN member states, its implementation has led many countries to recognize the right to a healthy environment or place explicit environmental protections in their constitution.
Additionally, the UN report indicated that the use and dispersal of PFAS violates the principles of prevention and the precautionary principle, as well as the polluter pays principle, under which those who cause pollution have to bear the costs. This idea was outlined in the Rio Declaration and has been influential in climate policy and litigation.
International regulatory frameworks directly and indirectly address PFAS as well, such as the Basel Convention. However, organizations like the Environmental Investigation Agency (EIA) and the Center for International Environmental Law (CIEL) have criticized these existing frameworks as sparse and patchy, arguing that they do not adequately regulate all forms of the substance.
Almroth indicated that the path forward to creating a healthier environment is not only addressing how to clean up the toxic pollutants, but also how to prevent their spread in the first place. This should be done through monitoring, inspections, and the dissemination of public information.
