Those harmed by ‘forever chemicals' have six years to sue in NH. Lawmakers want more time.
Rep. Wendy Thomas, a Merrimack Democrat, had blood tests that showed high levels of 12 PFAS chemicals. Here, Thomas speaks in Merrimack on Friday, Sept. 27, 2024. (Photo Claire Sullivan/New Hampshire Bulletin)
Rep. Wendy Thomas and her family are among many in the area of a now-shuttered plastics manufacturer in southern New Hampshire affected by the harmful, synthetic chemicals it released.
The Merrimack Democrat, who lives 3 miles from the Saint-Gobain Performance Plastics plant, which is now in the process of being demolished, said she has spent years drinking bottled water after learning her well water was contaminated by PFAS, or per- and polyfluoroalkyl substances, a class of chemicals linked to numerous health issues. Her family is one of more than 700 receiving bottled water from the company as part of its agreement with the state, she said.
Thomas has dealt with cancer that she attributes to 12 PFAS chemicals detected in her blood above the toxic limit for humans; her doctors tell her it's not a matter of if, but when, her cancer returns, 'because I have such high levels of PFAS in my blood.' Her children, now adults, have autoimmune diseases, she said. And four of the family's dogs have died of cancer.
She's part of a group of lawmakers fighting to extend the statute of limitations for civil action related to PFAS from six years to 20 through House Bill 199. They say a handful of years is simply not enough time considering the persistence of the chemicals in the environment, the time it can take for their health effects to be noticeable as they accumulate in the human body, and the evolving scientific understanding of the chemicals used across a wide variety of consumer and industrial products.
'These chemicals, put there by this company, are going to impact our town forever,' Thomas told fellow lawmakers in a hearing Wednesday. 'Twenty years is not outrageous to move for the statute of limitations. We're not talking about a car accident where you've broken a bone and 20 years later you say, 'This impacts my life.' We are talking about chemicals that were man-made, that were put into our environment, that impacted innocent people, that have created health havocs in our town and in southern New Hampshire by a company.'
The hearing in the House Judiciary Committee was the first stop for the bill, and it showed signs of some challenges that lie ahead. It's not the first time in recent years the subject has gone before lawmakers. In 2021, they passed legislation that increased the time for action from three years to six. Last year, lawmakers sent a bill to eliminate the statute of limitations to interim study, where House Judiciary members voted – without endorsing or rejecting the idea – that the Legislature should take up the topic once again.
Michael Wimsatt, director of the solid waste management division of the Department of Environmental Services, said the agency was taking no position on the bill, but highlighted the magnitude of the problem.
'We've embarked on expansive sampling efforts, and we've been able to determine that there are literally thousands of drinking water wells, both private drinking water wells and a number of public supply wells, that have been impacted by PFAS contamination at levels above the standards that have been set,' Wimsatt said. 'And so we work very hard to make sure that folks get access to clean water in the wake of that.'
The chemicals bring a cost to the environment and human health. Rep. Suzanne Vail, a Nashua Democrat who is the prime sponsor of the bill, pointed to studies that have linked PFAS to numerous health issues, including 'fetal development issues, development and endocrine disorders, cancer, kidney disease, high cholesterol, and tumors, (and) concentration in breast milk impacting nursing mothers.'
While industrial emissions are one route for exposure, PFAS are also found in a wide variety of everyday products, including some carpeting, food packaging, nonstick cookware, waterproof mascaras, and much more. Starting in 2027, many of those products will be banned from sale in the state.
Rep. Bob Lynn, a Windham Republican who chairs the committee, said that in his understanding of the law, for the timer to start on the statute of limitations, 'you have to know that you've been injured and know that it's causally connected to whatever you're suing about.'
'Why does it make sense, if you have the knowledge of those things – and it's only having that knowledge that starts at the statute of limitations running – why, if you have that knowledge, should you have 17 years to bring a lawsuit?' said Lynn, who retired as chief justice of the New Hampshire Supreme Court in 2019. 'Should you be able to just sit around and say, 'You know, I know that Saint-Gobain has hurt me, and it's hurt me in this way, but I'm just going to sit on my hands for 17 years.' Why does that make sense?'
'I don't believe it does, Mr. Chair,' responded Natch Greyes, vice president of public policy for the Business & Industry Association, which opposes the bill. 'I believe you should call a lawyer as soon as you can … meet those two things.'
Greyes also argued that 'evidence becomes stale after time,' and that further passage of time creates the possibility for 'intervening events that may also cause that same kind of injury.'
Rep. Marjorie Smith, a Durham Democrat, pushed back on his argument.
'Is the Business & Industry Association saying that they have no confidence in the judicial system in this country in which a judge and a jury would weigh facts and make determinations as to what is reasonable, and therefore we have to protect people from participating in the judicial system?' she asked.
Greyes replied, 'absolutely not,' but argued that the shorter statute of limitations would make it easier for the judicial system and provide a 'more accurate assessment of the harm' as opposed to a longer timer.
Vail, the prime sponsor, said it was 'clear' to her that the committee would not support a bill with an open-ended statute of limitations after discussing that proposal in interim study last year. However, she feels that extending the limit to 20 years is 'a step in the right direction' that will help preserve legal rights for those affected by contamination.
She also believes an extended statute of limitations could serve as further deterrence for wrongdoing. Right now, she said, companies can contaminate areas of the state with 'forever chemicals' without worrying about a 'forever statute of limitations.'
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