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For more than half a century Americans have been talking about recycling. Yet in 2024 pollution remains a top priority for state lawmakers across the country as they grapple with plastic pollution and “forever chemical” contamination—dual dilemmas that plague our bodies as well as the planet.
Earlier this year Safer States, a national alliance of environmental health organizations, analyzed 2024 legislation addressing toxic chemicals and plastics. The group’s findings are a bit surprising for a nation that has been preaching about the virtues of “reduce, reuse, recycle” since the ‘60s.
Safer States reported that in 2024 it anticipates “at least 36 states will consider at least 450 bills” addressing toxic chemical policies involving plastics and Per- and Polyfluorinated Substances or PFAS, a group of chemicals used to make coatings and products that resist heat, stains, oil, grease and water.
According to the report, at least 35 states will contemplate policy actions specifically addressing PFAS, which break down in the environment so slowly they’re commonly known as forever chemicals.
Many of those proposals will focus on phasing out the use of PFAS in various products, including textiles, cookware, cosmetics, menstrual products and artificial turf. And at least 10 states will consider policies extending the statute of limitations for PFAS lawsuits.
The report also notes that in the past seven years, the number of states introducing PFAS legislation has increased from 6 to 33.
At least 21 states will consider policies aimed at reducing the use of plastics and/or phasing out objectionable chemicals and plastics from packaging, including that associated with food products.
At least 19 states will also consider legislation to require the testing, monitoring and disclosure of PFAS or microplastics in water, and at least 10 states will consider setting standards for PFAS in drinking water, groundwater or surface water.
The Safer States report suggests that plastics and PFAS are not only top of mind for state lawmakers, but that conditions have reached almost crisis-level proportions.
Indeed, a new report in Nature Medicine bluntly states: “The world is awash with plastic—6 billion tons’ worth. In 2019, 353 million tons of plastic waste were produced, with a tripling of that number to more than one billion tons predicted by 2060. More than 10,000 chemicals are present in plastics, including carcinogens and endocrine disruptors. Plastics find their way into the human body in the form of tiny particles called microplastics (less than 5 mm in diameter) and nanoplastics (less than 1 μm in diameter).”
Fortune magazine calls this “a $250 billion problem” that could increase Americans’ risk of heart attacks and strokes, to say nothing of the negative effects it has on the natural world.
At a recent joint session of New Jersey’s Senate and Assembly environmental committees, experts nationwide testified about the litany of harms microplastics pose to the world, urging legislators in the Garden State to take action now.
More than 80 measures dealing substantively with PFAS have been introduced in 23 states since the beginning of the year, according to the ®LexisNexis State Net® legislative tracking system. Seven of those states have enacted such measures.
The measures include:
Lawmakers in at least 23 states have considered legislation dealing with microplastics/nanoplastics or PFAS, the toxic chemicals associated with them. Eight of those states have enacted such measures.
According to State Net® data, over 30 measures referring to microplastics or nanoplastics have been introduced in eight states this year, three of which have enacted such measures.
They include:
So nearly half of the states have taken up plastics or PFAS legislation so far this session, nearing the 36 states Safer States projected would do so. What’s more, over a third of the states that have considered such measures have enacted them.
—By SNCJ Correspondent BRIAN JOSEPH
Visit our webpage to connect with a LexisNexis® State Net® representative and learn how the State Net legislative and regulatory tracking service can help you identify, track, analyze and report on relevant legislative and regulatory developments.
* The views expressed in externally authored materials linked or published on this site do not necessarily reflect the views of LexisNexis Legal & Professional.