The United Nations urges the EPA to hold polluters accountable in the Cape Fear watershed, marking the first use of a human rights framework to address PFAS contamination in the US.
The ongoing contamination of the Cape Fear watershed in North Carolina with per- and polyfluoroalkyl substances (PFAS) has been deemed a violation of residents’ right to a clean and safe environment by the United Nations. This declaration represents the first time the UN has utilized a human rights framework to address the pervasive threat of “forever chemicals” in the United States. The contamination, caused by the Fayetteville Works chemical plant owned by DuPont and Chemours, has raised concerns about public health and environmental dangers associated with PFAS compounds. The UN’s intervention could potentially strengthen national and international efforts to tackle this issue.
Decades of Contamination Uncovered
For over three decades, the Fayetteville Works chemical plant has been slowly contaminating the Cape Fear River and local wells with carcinogenic PFAS compounds. The contamination, which began under DuPont’s ownership and continued after Chemours took over, went unnoticed by residents until a local newspaper broke the story in 2017. The Cape Fear River is a vital water source for approximately 500,000 people in the region.
UN Urges Accountability and Action
In April, a grassroots organization advocating for justice in the Cape Fear watershed wrote a letter to the UN Special Rapporteur on Human Rights, highlighting the contamination as a violation of international human rights law. Special Rapporteur Marcos Orellana responded by sending letters to DuPont, Chemours, and Corteva, the three companies associated with the Fayetteville Works plant, as well as the governments of the United States and the Netherlands. The letters called for accountability and action to address the contamination. Orellana urged the EPA to hold Chemours accountable, while also demanding an end to the export of PFAS waste to the region from the Netherlands.
Hopes for Redress and Political Courage
The residents of Cape Fear are pinning their hopes on the UN’s intervention to bring them some form of redress after years of fighting for epidemiological studies and the closure of the Fayetteville Works plant. Community organizer Emily Donovan expressed the hope that the UN’s involvement would inspire the US government to find the political courage needed to address the issue and prevent the region from being labeled as a human rights violator.
Disinformation and Health Impacts
In his letter to Chemours, Special Rapporteur Orellana expressed concern over the company’s long-term disinformation campaigns, which downplayed the dangers of PFAS chemicals and presented them as a climate solution without scientific backing. Studies cited in the letter highlighted the presence of PFAS substances in the bloodstream of 97 percent of local residents and linked them to various health issues, including cancer, fertility disorders, endocrine disorders, and lung diseases.
Lawsuits and Denials
The UN’s action follows a series of lawsuits against DuPont and Chemours over water contamination issues, including a recent settlement of $110 million in Ohio. In response to the UN letter, Chemours denied any wrongdoing and emphasized the importance of its products in the green transition. However, the company has sought a permit to expand PFAS production in North Carolina, particularly for a chemical called GenX, which is challenging to filter out of municipal water systems.
A Human Rights Framing for Sweeping Reforms
Claudia Polsky, environmental director of the University of California-Berkeley Law Clinic, who helped draft the letter seeking UN intervention, believes that the human rights framing could pave the way for more comprehensive reforms. By framing the issue as a violation of human rights, the scope expands to include various aspects such as health harms, ecological impacts, corporate responsibility, regulatory deficiencies, and inadequate legal remedies. This framing also connects the struggles in North Carolina with similar issues globally, strengthening the case for international action to regulate PFAS as a class of chemicals.
Conclusion: The United Nations’ declaration of PFAS contamination in the Cape Fear watershed as a violation of human rights marks a significant step towards addressing the public health and environmental dangers posed by these persistent chemicals. By utilizing a human rights framework, the UN hopes to hold polluters accountable and bring about comprehensive reforms. The involvement of the international body could provide the impetus needed for the US government to take action, protect the rights of its citizens, and prevent further harm from PFAS contamination.
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