PFAS and Your Water System: Frequently Asked Questions

Frequently Asked Questions

What are PFAS — and why are they called “forever chemicals”?

PFAS (per- and polyfluoroalkyl substances) are a group of man-made chemicals used since the 1940s in non-stick cookware, firefighting foam, stain-resistant fabrics, food packaging, and other products and processes. They are called “forever chemicals” because they don’t break down in the environment or the human body — they accumulate over time in soil, water, and living organisms. There is evidence that exposure to certain PFAS chemicals, even at low levels, can negatively impact human health.

Why should water utilities be paying attention now?

Research shows it is very likely that 83% of public water has PFAS in it to some extent. The EPA issued new maximum contaminant level (MCL) rules in 2024 for several PFAS compounds. Failure to comply would carry steep financial, regulatory, and reputational risks. Utilities that test positive will need a plan for remediation — and may face legal exposure if they delay.

Is PFAS contamination common in public water systems?

Yes. PFAS is so widespread in the U.S. that many experts now presume almost every public water system has some level of contamination or is under threat of contamination. Even with limited testing, PFAS has already been detected in over 3,000 water systems nationwide — including small rural systems and municipal districts. In Mississippi and surrounding states, PFAS is being discovered in private wells, groundwater, and treated public supplies.

What does PFAS exposure mean for your water utility?

A positive PFAS test result, or even credible suspicion of contamination, doesn’t just create a water quality issue. It triggers a cascade of regulatory, financial, legal, and public relations consequences that compound quickly. New EPA rules require compliance. Communities expect answers. Operating costs rise. Litigation risk grows.

The good news: your utility isn’t the polluter. The companies that manufactured and discharged these chemicals are the responsible parties — and they should pay for the cleanup, not your ratepayers. But protecting that position requires action, not patience.

In the current legal and regulatory environment, the most effective defense for a water utility right now is a coordinated offense. The Forever Justice Alliance℠ helps water systems take affirmative action — pursuing accountability against the actual polluters while managing the regulatory, communications, and operational dimensions of PFAS as a single, integrated strategy.

This is why we recommend every Mississippi water utility presume contamination or the threat of contamination and engage PFAS counsel now — rather than waiting for a positive test result to force a reactive response. The systems that lead on PFAS will be in the strongest position. Those that wait will be in the weakest.

How can we protect our utility and our community?

Start with three things:

1. Be aware of the “forever chemicals” issue, learn more about it, and stay informed of new developments.
2. Continue to comply with regulatory requirements, including testing for PFAS when required.
3. Engage the Forever Justice Alliance℠ to assist your water system with a comprehensive approach to PFAS, including pursuit of potential PFAS claims, with no upfront costs to the water system.

What does FJA representation cost the water system?

Nothing upfront. We work on a contingency fee basis (25% for public water system claims) and front all litigation costs. The water system pays only from recovered funds — never from operating budget or ratepayer dollars.

Can FJA represent our system if we already have AFFF MDL counsel?

Yes. The national Aqueous Film Forming Foams Multi-District Litigation (the “AFFF MDL”) is estimated to represent only 5–7% of total PFAS liability nationwide. In multiple instances, FJA attorneys are representing water system clients who already have a claim in the AFFF MDL with other law firms who are solely pursuing the firefighting foam claims in the AFFF MDL.  If your water system already has an existing claim in the AFFF MDL, we can still pursue other local and regional PFAS litigation on behalf of your water system without interfering with your representation on the AFFF MDL.

What if we’re not sure whether our system has PFAS contamination?

We offer a free, no-obligation PFAS Risk Assessment. We review your existing testing data, analyze your geographic exposure, and provide a written summary of your system’s likely PFAS profile and legal options.