Conservation Law Foundation (CLF) is on a mission to tackle one of our most persistent environmental challenges — PFAS pollution. These "forever chemicals," which include a class of nearly 14,000 toxic substances, have become a growing concern for New Hampshire residents, as they contribute to cumulative impacts of environmental pollution, especially in communities of color and low-income communities. 

The New Hampshire Center for Justice & Equity (NHCJE) spoke with Jillian Aicher, an Equal Justice Works Fellow at CLF, about the organization’s efforts to mitigate the compounding effects of PFAS pollution and advance environmental justice, with a specific focus on the work in Manchester.

What are PFAS and Why are They Harmful?

PFAS stands for per- and poly-fluoroalkyl substances. “They’re nicknamed ‘forever chemicals’ because they last for extremely long periods in the environment and humans,” explained Aicher. “It can take thousands of years for some of them to break down — if they break down at all.” These toxic and persistent chemicals accumulate in the food chain, affecting aquatic life, wildlife, and humans. Exposure can happen through drinking water, eating food, or breathing air that contains PFAS. The chemicals are linked to serious health issues such as cancer, decreased vaccine and immune responses, decreased fertility, and developmental delays in children.

Due to their unique ability to withstand high temperatures, repel water, and resist stains and grease, PFAS are widely used across various industries and consumer products. They can be found in carpeting, waterproof clothing, outdoor gear, non-stick cookware, firefighting foams at airports, and grease-resistant food wrappers and packaging. 

Safer alternatives exist for many of these applications, and advocates at the state and local levels urge businesses to choose less harmful options to protect public health while maintaining product efficacy.

New Hampshire resident and former Manchester Fire Marshal Peter J Lennon, has lent his cancer-survival story to the cause against PFAS pollution, as firefighters often show higher levels of PFAS in their blood and are at higher risk of developing cancer than the general population. Lennon, who spent 25 years in the fire industry, was diagnosed with colon cancer following an early detection screening offered by Manchester’s Fire Department and underwent life-saving surgery to remove the tumor. Experiences like his underscore the importance of limiting the use of PFAS in everyday products. 

The Cycle of PFAS Pollution 

Because PFAS are nearly impossible to destroy, these chemicals often make their way to landfills and wastewater treatment plants. When rain travels through a landfill, it creates leachate – a toxic wastewater that is often sent to wastewater treatment plants. Those plants don’t have the ability to treat for PFAS, so the chemicals end up back in the environment. 

In Manchester, that problem is occurring at the city’s wastewater treatment plant, which takes in wastewater from homes and industrial sources, including the city’s now-closed landfill. “The plant treats for pollutants but isn’t equipped to remove PFAS, so these chemicals persist in the treated wastewater, then end up in the Merrimack River and downstream communities,” said Aicher. Lake Massabesic and the Merrimack River are the two main sources of Manchester’s water supply. 

While filters can remove PFAS from contaminated water, they are not a long-term solution. Once the filters become full of PFAS, they are often disposed of at open landfills, where rain creates leachate, continuing the cycle of pollution. “The most efficient solution is to stop using PFAS in the first place because they're nearly impossible to destroy,” stated Aicher. 

The city’s sludge incinerator, the only one of its kind in New Hampshire, poses additional risks. Sludge is a byproduct of wastewater treatment that releases toxins when burned. “Air emissions from the incinerator have been found to contain PFAS, further contributing to cumulative pollution and exposing neighborhoods near the plant to PFAS,” Aicher explains. This is confirmed by a 2023 study done at the municipal wastewater treatment plant in Manchester that shows the plant is emitting PFAS chemicals into the city’s air and water.

PFAS Have a Disproportionate Impact on Communities of Color

PFAS pollution disproportionately affects underserved communities. For example, a 2023 study that analyzed PFAS in drinking water in 18 U.S. states, including New Hampshire, found that communities of color are more likely to have PFAS in their drinking water. “This could be due to the proximity of industrial facilities or airports that use PFAS, or wastewater treatment plants that accept wastewater with PFAS in it,” Aicher noted. In addition, people who rely more heavily on eating locally caught freshwater fish, for either cultural or economic reasons, may be exposed to greater amounts of PFAS.

Two Manchester neighborhoods in particular, located about 2 miles from the city’s wastewater plant, face the compounding challenges of PFAS contamination with a higher prevalence of other environmental hazards and long-standing systemic inequities. Compounding environmental burdens are often part of a pattern rooted in redlining where historically marginalized communities bear the brunt of environmental pollution.

Both neighborhoods are listed on EJ Screen, the Environmental Protection Agency's (EPA) environmental justice mapping and screening tool, which highlights critical intersections between income, demographic data, and environmental indicators. They rank above the 90th state percentile for air toxins and ozone levels. Adding the impact of PFAS exposure to these existing burdens intensifies the environmental pollution these communities endure, exacerbating inequities.

CLF Seeks to Curb PFAS Pollution at the Source

To address these issues, CLF is urging Manchester to adopt stricter regulations on industrial users of PFAS. “We’re advocating for the city to add PFAS to its wastewater ordinance. This would allow the city to require better testing and monitoring of wastewater from industrial users, and ultimately reduce PFAS levels at their source,” Aicher explains. 

Additionally, CLF is actively engaging with the New Hampshire Department of Environmental Services (DES) as it proposes new rules for PFAS in rivers, lakes, and other surface waters, which would impact wastewater treatment plants and other types of industrial facilities. Other states, like Michigan, have successfully implemented similar measures, strengthening rules for PFAS in surface water and requiring industrial facilities to phase out their use of these chemicals.

On the federal front, CLF submitted comments to the EPA regarding the renewal process for the Manchester wastewater treatment plant’s Clean Water Act permit. They advocated for an environmental justice analysis and the inclusion of PFAS limits in the permit to ensure that the city addresses pollution at its source. The organization is awaiting the outcome of this permit renewal process, which could set critical precedents for PFAS management in the region. A public hearing for this permit renewal process will take place via Zoom on January 21, 2025, at  7 pm.

Education is also a vital part of CLF’s advocacy. Aicher and her colleagues have hosted events where community members and state representatives learn about the impacts of PFAS pollution and the steps they can take to demand action. “Community engagement is key to building momentum for change,” Aicher says. “Manchester residents have the power to push for stronger local regulations and ensure their health and environment are protected.”

PFAS pollution is a complex issue with no easy fixes, but CLF’s work demonstrates that progress is possible. By focusing on eliminating pollution at its source, advocating for stronger policies, and partnering with communities, CLF is paving the way for healthier communities and environmental justice in Manchester and beyond.

To learn more about CLF’s work and how you can get involved, visit Conservation Law Foundation.

About Jillian Aicher

Jillian Aicher is an Equal Justice Works Legal Fellow at Conservation Law Foundation. Her fellowship work, sponsored by the Family and Friends of Helen B. Stern, focuses on exposing and tackling environmental and health harms from toxic “forever chemicals” in Manchester, NH. Jillian hopes to harness the law to advance environmental justice. She holds a J.D. from the Elisabeth Haub School of Law at Pace University, a Master of Environmental Management from the Yale School of the Environment, and a B.A. from Georgetown University. In her free time, Jillian enjoys listening to music and spending time outdoors.