LANSING, Mich. (Michigan News Source) — The Michigan Supreme Court is reviewing a case that could determine the future of the state’s PFAS drinking water standards, which currently set limits for certain harmful chemicals in public water supplies.
What is the case?
On November 13, the court heard arguments in the case, which stems from a lawsuit filed by 3M, a major manufacturer of per-and polyfluoroalkyl substances (PFAS). The company argued that the Michigan Department of Environment, Great Lakes, and Energy (EGLE) did not adequately account for costs to businesses when establishing the standards in 2020.
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These rules also affect groundwater cleanup requirements under state law, as reported by Bridge Michigan. As it stands, groundwater cleanup requirements mandate that polluted groundwater used for drinking purposes meet the same safety standards as public water supplies.
Lawyers for both sides weigh in.
Nessa Coppinger, a lawyer representing 3M, argued that because drinking water standards led to further cleanup responsibilities for contaminated groundwater, EGLE was required to consider those costs during its rulemaking process.
“EGLE must adhere to the requirements of the Administrative Procedures Act,” Coppinger said, adding that the department “failed to do so.”
Assistant Attorney General Richard Kuhl, representing the state, countered that such cost analyses were neither required nor feasible.
He described any cost estimates as “guesstimates,” explaining that companies often do not disclose the extent of contamination until legally compelled.
Notably, 3M has already faced lawsuits and cleanup costs related to PFAS contamination, including a $10.3 billion settlement in 2022 for similar claims. Michigan Attorney General Dana Nessel is also suing 3M in hopes of addressing PFAS contamination at numerous sites within the state.
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According to the United States Environmental Protection Agency (EPA), “PFAS are widely used, long-lasting chemicals, components of which break down very slowly over time.”
Often referred to as “forever chemicals,” the EPA explains that, “because of their widespread use and their persistence in the environment, many PFAS are found in the blood of people and animals all over the world and are present at low levels in a variety of food products and in the environment.” Exposure to certain PFAS has been linked to health issues in humans and animals.
Michigan’s drinking water standards.
Adopted in 2020, Michigan’s drinking water standards set legal limits for seven PFAS compounds. These standards were among the first of their kind in the country and are tied to state law requiring polluted groundwater used as a drinking water source to meet the same safety thresholds.
The case’s outcome, however, could affect water safety measures and financial obligations in Michigan.
While cities like Ann Arbor have pledged to continue filtering PFAS regardless of the court’s decision, smaller, underfunded water systems may struggle to maintain similar protections without statewide standards.
According to Kuhl, “EGLE put these maximum contaminant levels in place to protect the public from this toxin,” and experts now understand that PFAS is “much more toxic” than was initially believed. The Michigan Supreme Court’s decision will determine whether the current PFAS standards remain in place or require revision through a new rulemaking process.
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