In the 1970s, the Department of Defense endorsed the usage of Aqueous Film-Forming Foam (AFFF) as a fire suppressant without recognizing the toxic nature of its active ingredients known as per- and polyfluoroalkyl substances (PFAS). Chronic exposure to these chemicals significantly increases the risk of cancer, reproductive issues, and liver damage, among other serious health effects. Military personnel and veterans have historically performed their duties without protection from PFAS exposure, prompting the introduction of the Veterans Exposed to Toxic (VET) PFAS Act in July 2023.
PFAS are often referred to as “forever chemicals,” due to their ability to persist in the environment for thousands of years. As water-soluble compounds, they contaminate soil and groundwater systems regardless of where they were initially used through surface runoff. AFFF used by the military is one of the primary sources of PFAS contamination at military installations and in potable water sources for surrounding communities.
Cancer is a PFAS-related disease due to the absence of a cure and high treatment costs, which hovers around $150,000 on average. The U.S. Air Force service members are particularly vulnerable to it because they rely on AFFF to put out fires during aviation activities. A recent case-control study supports this association by showing that Air Force service members, especially those with firefighting roles, have higher rates of developing testicular germ cell tumors compared to those with less PFAS exposure.
What is the Situation in Florida?
The U.S. Environmental Protection Agency is responsible for regulating PFAS levels in public drinking water systems. It has set PFAS maximum contaminant level goal to zero, as even the smallest amount of exposure can lead to adverse health effects. The feasibility of completely eradicating PFAS contamination in water systems nationwide still needs to be solved. Taking this into consideration, the EPA still allows companies in the water industry to operate under a limit of four parts per trillion.
The Florida Department of Environmental Protection implements EPA directives in Florida. Plenty of household products and appliances contain small amounts of PFAS. Even then, the biggest culprit for PFAS contamination is still the AFFF used by the military. In a recently released list by the Environmental Working Group, over 720 military bases were identified to have alarming levels of PFAS, nine of which are present in Florida.
Of all the contaminated facilities in Florida, the highest detected level is at the Patrick Air Force Base at 4,338,000 ppt, over a million times the limit set by the EPA. It is followed by the Naval Air Station Jacksonville, with a PFAS level of 1,397,120 ppt, and the Tyndall Air Force Base, which contains around 902,460 ppt.
The VET PFAS ACT
Senator Debbie Stabenow introduced the VET PFAS Act to give U.S. veterans the financial assistance they deserve for their service. It will require the Department of Veterans Affairs (VA) to provide disability benefits for veterans and their affected dependents. The increasing number of cases added to the AFFF multidistrict litigation docket, which is now at 9,756, supports the passage into law of the VET PFAS Act. Resurgence in these personal injury cases brings more attention to claims that some veterans have already filed and gives them a hopeful outlook for resolution.
Unlike previous laws, such as the Promise to Address Comprehensive Toxics (PACT) Act of 2022, the VET PFAS Act does not require an extensive process to provide a causal link between disabilities and toxic exposure. Instead, it automatically acknowledges injuries connected to PFAS exposure as service-connected disabilities. Family members who have stayed on military bases, including those exposed before birth, can also procure these benefits as long as they have medical records proving their diagnosis.
The VA has previously been reported to deny financial compensation to veterans by declaring their diseases not to be service-related. Until the VET PFAS Act is signed, veterans will continue to go through lengthy applications that are undoubtedly impractical to their current conditions. The bill was referred to the Committee of Veterans Affairs last year and has been there until now with no signs of progress. Above all, the rising cancer rates among veterans underscore the necessity of the VET PFAS Act, highlighting it as a priority for the Senate.
Jonathan Sharp is the chief financial officer at Environmental Litigation Group, P.C. The law firm, headquartered in Birmingham, Alabama, assists military personnel injured due to toxic exposure during active duty.
