PFAS in Drinking Water Lawsuit | 2025 Latest Updates

If you or a loved one experienced health complications, cancer, or other serious conditions following exposure to PFAS-contaminated drinking water, you may be entitled to pursue compensation.

At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to toxic chemical exposure.

Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.

PFAS in Drinking Water Lawsuit Overview

The PFAS in drinking water lawsuits stem from widespread contamination of public and private water supplies with dangerous “forever chemicals” that persist in the environment and human body.

The primary allegations involve water contamination caused by industrial polluters, chemical manufacturers, and products containing PFAS that have leached these toxic substances into groundwater and drinking water sources.

According to a Consumer Reports investigation, PFAS were found in the vast majority of drinking water samples from water systems across the United States.

The EPA has responded by dramatically lowering the health advisory levels for key PFAS compounds, acknowledging their serious health risks even at near-zero concentrations in drinking water.

Latest PFAS in Drinking Water Lawsuit Updates

June 15, 2022

– The EPA updated its drinking water health advisories for perfluorooctanoic acid (PFOA) and perfluorobutane sulfonic acid (PFOS), dramatically lowering the acceptable levels to 0.004 parts per trillion for PFOA and 0.02 parts per trillion for PFOS [1].

March 2021 – Consumer Reports published an investigation finding PFAS in the vast majority of drinking water samples from water systems across the country, raising serious concerns about widespread contamination [2].

October 2021 – EPA announced a PFAS Strategic Roadmap, outlining a comprehensive approach to addressing PFAS contamination, including plans to establish national primary drinking water regulations for PFOA and PFOS [3].

According to recent estimates, PFAS contamination affects the drinking water of more than 200 million Americans across all 50 states.

The economic impact of PFAS contamination is substantial, with estimates for water system treatment costs alone ranging from $5.5 billion to $20 billion nationwide.

Healthcare costs related to PFAS exposure are estimated to be over $50 billion annually in the United States.

EPA Reports and Statistics

The Environmental Protection Agency (EPA) has significantly strengthened its position on PFAS in drinking water through updated health advisories.

On June 15, 2022, the EPA reduced its health advisory levels for PFOA to 0.004 parts per trillion and PFOS to 0.02 parts per trillion, a dramatic reduction from the previous 70 parts per trillion advisory established in 2016.

These new levels indicate that negative health effects may occur with concentrations of these chemicals that are near zero.

The EPA’s Unregulated Contaminant Monitoring Rule (UCMR) program found PFAS in approximately 66% of public water systems tested, affecting an estimated 16 million Americans. However, more comprehensive independent testing suggests the contamination is far more widespread, potentially affecting over 200 million Americans.

The agency has also established final health advisories for perfluorobutane sulfonic acid (PFBS) at 2,000 parts per trillion and hexafluoropropylene oxide (HFPO) dimer acid (GenX chemicals) at 10 parts per trillion.

These interim health advisories will remain in place until EPA establishes a National Primary Drinking Water Regulation for PFAS, which is expected in the coming years.

2022 EPA Update for PFOA and PFOS in Drinking Water

The EPA updated its drinking water health advisories for perfluorooctanoic acid (PFOA) and perfluorobutane sulfonic acid (PFOS) on June 15, 2022, replacing the advisory issued by the agency in 2016.

The updated advisory levels indicate that some negative health effects may occur with concentrations of PFOA or PFOS in water that are near zero.

The interim health advisories will remain in place until EPA establishes a National Primary Drinking Water Regulation for PFAS.

Related Articles: PFAS Lawsuit Update

Consumer Reports Investigation Finds PFAS in Most U.S. Drinking Water Supplies

An investigation published by Consumer Reports in March 2021 found PFAS in the vast majority of drinking water samples from water systems across the country.

With the announcement of the new health advisory levels, EPA has dramatically lowered the acceptable levels of PFOA (.004 parts per trillion) and PFOS (.02 parts per trillion) and has set new health advisory levels for two other PFAS.

“It is a stunning victory for science because EPA is now on record as saying that these are the safe levels in drinking water. It will be difficult for them to deviate from these levels when the agency does set legally binding levels.- Brian Ronholm, Director of Food Policy at Consumer Reports

Is the EPA Advisory on PFAS Legally Binding?

EPA Health advisories are not legally enforceable limits but are instead meant to inform public health decision-makers and state agencies about the adverse human health impacts of contaminants like PFAS in drinking water.

State and local regulators may use these levels to guide monitoring for PFAS, inform residents about PFAS contamination, and try to take steps to reduce exposure to these chemicals.

Related Article: How to Test Water for PFAS?

PFAS Health Risks & Related Conditions

PFAS chemicals have been linked to numerous serious health conditions and are particularly concerning because they accumulate in the human body and persist in the environment for decades.

• Cancer: Multiple types including kidney, testicular, prostate, ovarian, and non-Hodgkin’s lymphoma have been associated with PFAS exposure
• Reproductive Issues: Decreased fertility, pregnancy complications, and developmental effects in infants and children
• Immune System Dysfunction: Suppression of immune response, reduced vaccine effectiveness, and increased susceptibility to infections
• Hormone Disruption: Interference with natural hormone production and function, affecting metabolism, growth, and reproductive systems
• Liver Damage: Elevated liver enzymes, fatty liver disease, and increased risk of liver damage
• Elevated Cholesterol: Higher levels of total and LDL cholesterol, increasing cardiovascular risk
• Thyroid Disease: Disruption of thyroid hormone production and increased risk of thyroid disorders

What’s Next for Drinking Water Regulations?

While many experts have praised the EPA’s new stronger recommendations for PFAS in drinking water, many say the advisory falls short, as it does not address the nearly 9,000 other PFAS.

“There are so many PFAS beyond the four that EPA addressed through the [health advisories, including thousands for which we have sufficient evidence to support the idea they should be regulated as a class.”- Julia Varshavsky, Ph.D., an assistant professor of environmental health at Northeastern University

Regulating PFAS as a class would mean federal regulations designed to address PFAS as a broad category, instead of looking at individual chemicals one by one.

Plus, Varshavsky notes, EPA action on drinking water doesn’t affect other potential sources of exposure to PFAS, like food packaging, dental floss, and diet.

Do You Qualify for a PFAS in Drinking Water Lawsuit?

You may qualify for a PFAS in drinking water lawsuit if:

• You have lived in an area with known PFAS contamination in the water supply
• You have consumed contaminated water for at least one year
• You have been diagnosed with a condition linked to PFAS exposure, such as kidney cancer, testicular cancer, liver damage, thyroid disease, or other related health issues
• Your water source has tested positive for PFAS chemicals above the EPA’s health advisory levels
• You have medical documentation connecting your health condition to PFAS exposure

Evidence Required for a PFAS in Drinking Water Lawsuit

• Documentation proving residence in an affected area during the relevant time period
• Water testing results showing PFAS contamination in your water supply
• Medical records confirming diagnosis of conditions linked to PFAS exposure
• Expert testimony establishing a connection between your exposure and health condition
• Evidence of the source of contamination (industrial facilities, military bases, etc.)
• Documentation of water quality reports or notices from your water utility

Damages You Can Recover

• Medical Expenses: Costs for diagnosis, treatment, ongoing care, and future medical needs
• Lost Wages: Compensation for time missed from work due to illness and treatment
• Property Damage: Decreased property value due to contaminated water
• Water Filtration Costs: Expenses for water testing and filtration systems
• Pain and Suffering: Compensation for physical pain and emotional distress
• Punitive Damages: Additional compensation to punish polluters for willful negligence

PFAS Water Contamination Information

PFAS (per- and polyfluoroalkyl substances) contamination in drinking water has become a nationwide crisis affecting communities across the United States.

These “forever chemicals” have been used in numerous consumer products and industrial applications since the 1940s, including non-stick cookware, stain-resistant fabrics, food packaging, and firefighting foam.

Major sources of PFAS water contamination include:

• Military bases where firefighting foam containing PFAS was used in training exercises
• Industrial facilities that manufactured PFAS or used them in production processes
• Wastewater treatment plants that receive industrial discharge
• Landfills containing consumer products with PFAS
• Airports and firefighting training centers

The most concerning aspect of PFAS is their extreme persistence in the environment, earning them the nickname “forever chemicals.”

They do not break down naturally and can travel through soil to contaminate groundwater, which many communities rely on for drinking water.

Conventional water treatment processes do not effectively remove these chemicals, requiring specialized filtration systems.

Statute of Limitations for PFAS in Drinking Water Lawsuits

The statute of limitations for filing a PFAS in drinking water lawsuit varies by state, typically ranging from 2 to 6 years from the date of discovery of the contamination or related health condition.

Many states apply the “discovery rule,” which means the statute of limitations begins when you discovered or reasonably should have discovered that your injury was related to PFAS exposure.

For cases involving environmental contamination like PFAS in drinking water, determining when the statute of limitations begins can be complex. Some courts have recognized that the continuing presence of contaminants represents an ongoing violation that can extend the filing deadline.

Several states have enacted specific legislation extending the statute of limitations for PFAS claims, including:

• New York: 3 years from discovery of contamination or illness
• Vermont: 6 years from discovery of contamination
• Michigan: 3 years from discovery, with special provisions for PFAS cases
• New Hampshire: 3 years from discovery, with provisions for latent disease

Given these variations and complexities, consulting with an attorney who specializes in environmental litigation promptly after discovering PFAS contamination or a related health condition is crucial to preserve your legal rights.

Related Articles:

• PFAS Cancer Lawsuit
• What Cancers are Linked to PFAS?
• How Can I Join PFAS Lawsuit?

FAQs

1. How are safe levels of PFAS in drinking water determined?

Safe levels of PFAS in drinking water are determined by health agencies like the EPA, which conduct risk assessments and research on PFAS toxicity. These levels aim to protect public health by setting limits on PFAS concentrations in water supplies.

2. What are the current EPA guidelines for PFAS in drinking water?

The EPA has set health advisory levels for PFAS at 70 parts per trillion (ppt) for PFOA and PFOS combined. These guidelines help water utilities monitor and manage PFAS contamination to protect public health.

3. How do PFAS levels in food compare to those in water?

PFAS levels in food can vary widely depending on sources and contamination. Some foods, especially fish and dairy from contaminated areas, can have higher PFAS levels than water. Regulatory agencies are working to establish safe limits for PFAS in food.

4. How do I know if my water contains harmful levels of PFAS?

The most reliable way to determine PFAS levels is through specialized laboratory testing of your water supply. Home testing kits are available, but professional testing provides more comprehensive and accurate results for the various PFAS compounds.

5. What types of water filtration systems effectively remove PFAS?

Reverse osmosis systems, activated carbon filters, and ion exchange treatments are most effective for removing PFAS from drinking water. Whole-house systems provide comprehensive protection, while point-of-use filters for drinking and cooking water are more affordable alternatives.

6. Can I join a class action lawsuit if my community has PFAS-contaminated water?

You may be eligible to join a class action if your community has documented PFAS contamination and you’re similarly situated to other affected residents. An environmental litigation attorney can evaluate your situation and determine the most appropriate legal approach for your circumstances.

7. What is the difference between the EPA’s health advisory levels and enforceable regulations?

Health advisory levels are non-enforceable guidelines that provide technical information on contaminant levels that may cause health effects. Enforceable regulations (Maximum Contaminant Levels) are legally binding standards that water systems must comply with through monitoring, reporting, and treatment requirements.

See all related product liability lawsuits our lawyers covered so far.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for PFAS contamination and related health issues. Most states have a statute of limitations of only 2-3 years from the date you discovered or should have discovered the contamination or health effects, with some states allowing as little as 1 year to file a claim.

At Schmidt & Clark, LLP we offer:

• Free, confidential consultations to evaluate your case
• No upfront costs or attorney fees
• Payment only if we win your case

Don’t wait until it’s too late to seek justice and compensation. Contact our experienced environmental litigation attorneys today to protect your rights and explore your legal options for holding polluters accountable for contaminating your drinking water.

Get a Free Lawsuit Evaluation With Our Lawyers

The Product Liability Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.

If you or a loved one was injured by PFAS contamination, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References

1. https://www.epa.gov/sdwa/drinking-water-health-advisories-has

2. https://www.consumerreports.org/water-quality/how-safe-is-our-drinking-water-a0101771201/

3. https://www.epa.gov/pfas/pfas-strategic-roadmap-epas-commitments-action-2021-2024