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Challenge to state PFAS rules on Michigan Supreme Court’s November docket

PFAS foam in Van Ettan Lake in Oscoda, Michigan near the former Wurtsmith Air Force Base.
Michigan Department of Environment, Great Lakes, and Energy
/
Flickr
PFAS foam in Van Ettan Lake in Oscoda, Michigan near the former Wurtsmith Air Force Base.

A challenge to the state’s rules on water contamination by a group of forever chemicals is on the Michigan Supreme Court’s November oral arguments docket.

The Department of Environment, Great Lakes and Energy’s rules are aimed at PFAS, a family of chemicals used in clothing, cookware and firefighting foam. PFAS are often called “forever chemicals” because they’re so slow to break down. PFAS have been linked to a variety of conditions and health risks.

The manufacturing company 3M claims the state did not follow the law for promulgating regulations, which includes a requirement to provide an estimated cost of compliance. 3M says that should include the costs of cleaning up drinking water and groundwater. The state says it’s only required to provide an estimate for drinking water cleanup. Lower courts ruled against the state.

The PFAS case is one of a half dozen cases to be argued at the court’s November 13th session.

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Rick Pluta is the managing editor for the Michigan Public Radio Network.
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