Thousands of years ago, when I was in elementary school, teachers sent us kids out to sell chocolate bars to support the school. This is how I learned one of the fundamental principles of salesmanship. It’s about making sure to hit houses on both sides of the road.
There are also spooky things to avoid on Halloween.
Some Florida companies are clearly taking that lesson to heart. According to a publication called The New Lede, they have discovered a way to work both for and against one of the most troublesome chemical pollutants in history.
“Several of the largest lobbying firms in the United States that work on behalf of chemical industry interest groups fighting strict regulations for harmful ‘permanent chemicals’ in drinking water also represent local governments addressing health and water quality issues caused by pollution,” the article said.
The story of New Lede is based on the research of a group called F-Minus.
James Browning (via Linkedin)
James Browning, F-Minus’ executive director, said when I called. “They definitely benefit both ways.”
F-Minus is based in Pennsylvania, but its reporting involves many Florida connections and companies.
The list of lucky firms includes Holland & Knight, the prestigious Tampa law firm that still bears the name of former Florida Governor Spessard Holland, and Ballard Partners, founded by Brian Ballard, former chief of staff to Florida Governor Bob Martinez.
Their customers include many Florida municipalities grappling with what to do about contaminants that have entered their water supplies and are difficult to eliminate.
Because it is eternal.
Ominous gum on shoes
The official name for these contaminants is PFAS, an abbreviation for “per- and polyfluoroalkyl substances.” This name includes approximately 15,000 synthetic chemicals. These pollutants are called “eternal chemicals” because of their long duration.
They have been around since World War II. Initially, they were embraced by manufacturers as enthusiastically as small children grabbing chocolate bars, and they appeared in many different products.
Prevents food from sticking to the frying pan. Keeps clothes from getting dirty. It is contained in the foam that firefighters use to extinguish fires.
PFAS are so prevalent that one report by the Centers for Disease Control found them in the blood of 97% of Americans. A University of Florida press release likened PFAS to “gum on the bottom of your shoe,” but it’s much more sinister than that.
This is bad news because PFAS have been linked to a variety of cancers, including kidney, testicular, and liver cancer, as well as liver toxicity.
Additionally, these chemicals have been “linked to high cholesterol, reduced immune responses to vaccines, liver damage, thyroid problems, reproductive problems, and other health problems,” the New Rede article reported.
You can try to avoid PFAS, but it’s nearly impossible. Last year, a study conducted by scientists at the University of Florida found that PFAS chemicals were detected in nearly two-thirds of 90 water samples taken from 50 freshwater springs in Florida.
The study found that Green Springs, Blue Springs, and Gemini Springs had the highest concentrations of PFAS. A total of seven springs near Deltona exceeded recently enacted federal standards for PFAS contamination.
John Borden (via UF)
“When we started learning about this, we realized this wasn’t just a temporary problem,” said John Borden, the university scientist who led the study. “It was something that was going to be around for a long time.”
This should give you an idea of how troubling PFAS are. The Florida Legislature is a very lenient institution towards pollution. Remember, these people said it was okay for phosphate miners to divert radioactive waste into roads.
But even Congress doesn’t like PFAS.
New anti-PFAS legislation was recently passed. The bill, HB 1019, would phase out toxic flame-retardant foam used by firefighters in the state because it contains permanent chemicals.
However, disposing of them costs a lot of money. Please contact the City of Stuart.
Little Stuart vs. Goliath
Stuart, also known as the “Sailfish Capital of the World,” isn’t the oldest city in Florida. It was once named “Potsdam” but was not incorporated until 1914.
It’s also not the largest city, with a current population of 19,000.
USA Today readers have repeatedly ranked this town as “the best small town on the coast,” but it’s not the prettiest either.
But when it comes to PFAS, Stewart was arguably the first to file a lawsuit.
“PFAS was found in the groundwater and the City of Stuart was very aggressive in pursuing this issue,” former Stuart Mayor Christopher Collins told WPEC-TV.
Purifying Stuart’s water supply requires installing expensive filters. Why not make the companies that produced the pollutants pay for the cleanup?
In 2018, the same year that a Harvard professor gave PFAS the nickname “forever chemicals,” Stewart sued three PFAS manufacturers: Chemours, DuPont, and Corteva.
The city argued in federal court that the company’s products contaminated Stuart’s public water system and that it should pay for the cleanup. Note that this was the kind of case that made David, who was carrying the sling, stop and say, “Hey, those three Goliaths look pretty huge. Are they really going to do this?”
Despite long odds, Stuart persisted. Other cities and counties also joined the lawsuit, but Stewart’s case was set to become a national test case in federal court.
One week before the case goes to trial in 2023, three Goliaths waved the white flag. They agreed to establish a $1.19 billion fund to pay for the cleanup of Stewart and all other sites in litigation.
Other cities and counties with similar PFAS contamination problems have moved slower than Stuart, but also needed financial support to remove contaminants from their water supplies.
That’s where lobbyists step in.
both ways
I would never call lobbyists “evil.”
These are necessary parts of government operations. Like Maytag repairmen, they’re experts at making large, rattling, malfunctioning machines work properly, or rather, make them work properly for their customers.
However, you usually only need to deal with one side or the other, rather than both at the same time.
via Spessard Holland, Florida State Archives
According to F-Minus, King is the lobbying and law firm Holland & Knight, which also names former Fort Myers Mayor Peter O. Knight as well as the former Florida governor.
“Holland & Knight is the most striking example of a company going both ways,” Browning told me.
Meanwhile, the company is acting on behalf of Chemours, Corteva, and the American Chemistry Council, which The New Lede described as “one of the most vocal opponents of federal PFAS regulations.”
“According to lobbying disclosures, Holland & Knight received $520,000 from the ACC for work on issues related to “Plastic and Polymer Composite Aggregate Vehicles, Lightweight Plastic and Polymer Composite Provisions,” The New Lede reported. “Kemer paid Holland & Knight $380,000 for its work on issues such as the Clean Air Act and PFAS water regulations.”
It’s on the side of the street with scary houses to avoid on Halloween.
on the one hand. On the friendlier side, Holland and Knight work for the American Cancer Society Cancer Action Network and Imperative on Black Women’s Health, “both of which are working on PFAS-related cancers,” the New Rede noted.
The law firm’s client list includes 34 local governments, including Polk County, where cities such as Lakeland and Winter Haven report PFAS levels above legal limits.
Brian Ballard (via Ballard Partners)
Hector Arcade Via Arcade & Fay website
Now, let’s take a look at Ballard Partners. Ballard Partners has become one of the nation’s most powerful lobbying firms thanks to its long track record of supporting convicted felons who are ruining Washington, D.C.’s Reflecting Pool.
Mr. Ballard has represented the city of Winter Haven, Martin County, and Miami-Dade University, while funding lobbying efforts for the American Chemistry Council and 3M. By the way, Winter Haven’s water was tested to have three times the legal limit for PFAS.
And then there’s the lobbying firm Alcaid & Fay, founded by University of Tampa alumnus Hector Alcaid.
“Alcalde & Fay received $240,000 from the Sustainable PFAS Action Network, an industry group that has opposed federal and state bills aimed at regulating PFAS,” New Rede reported.
But at the same time, New Rede said Alcade & Fay “also represented several municipalities in Florida, including Coral Springs, Palm Bay, and Fort Lauderdale, in improving water and wastewater treatment, in part to address PFAS contamination.”
Browning doesn’t blame local governments for hiring these powerful lobbyists without asking many questions.
“There is a real risk that local authorities, who desperately need all the help they can get to deal with this issue, will not necessarily have all the information they need to make good decisions here,” he said.
roar of anger
As you can imagine, my efforts to obtain comment from Holland & Knight, Ballard Partners, and Alcade & Fay regarding this troubling situation were unsuccessful.
The British newspaper The Guardian contacted Holland & Knight a few months ago about its advocacy for PFAS on both sides. A statement sent by the company said it followed “rigorous ethics and dispute review procedures in all legal and public policy work.”
The big issue here is that these companies successfully lobbied the U.S. Environmental Protection Agency to propose rescinding the first strict PFAS regulations set by the Biden administration.
“With the changes, EPA will remove strict limits on four PFASs and allow utilities to request a two-year extension to remove two other PFASs from tap water,” E&E News reported last month.
Not surprisingly, the proposed rollback has drawn opposition. Wait, that sounds too namby-pamby. Let me rephrase that. This prompted an outcry of outrage from both environmental groups and the growing “Make America Healthy Again” movement.
“Rescinding PFAS protections in our nation’s drinking water is a betrayal of MAHA and all Americans,” said Kelly Ryerson, a Miami resident and co-executive director of American Regeneration, a nonprofit that works with MAHA.
While this issue is in court, I think all the lobbyists who worked so hard to make this happen should keep their mouths shut about where the money is.
I think Holland & Knight, Ballard Partners, and Alcade & Fay should be helping these cities and counties in a real way, not just with lobbying and legal expertise.
Each corporate office must register for regular deliveries from municipal water supplies in these cities and counties. And if that means the water they transport turns out to be full of PFAS, well, don’t worry. There are no additional charges for artificial additives. I’m sure everything will taste like chocolate.
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