Viewpoint: The PFAS Alternatives Act and Montana’s lawsit

Jonathan Sharp

PFAS, also known as forever chemicals, are synthetic molecules developed in the 1940s, with a wide range of applications, from nonstick cookware and raincoats to military-grade equipment. Companies developing these products were private entities, hence much of the information on these substances was kept hidden.

It was only in 2000, following massive litigation by farmers accusing PFAS manufacturers of polluting water sources, that the true effects of PFAS on the environment and human health were discovered.

At this point, PFAS had been used and discarded with no regard for more than 50 years. Subsequent studies conducted on national representative samples showed that by the time action was taken to clean the environment and regulate the use of these chemicals, 99% to 100% of Americans had PFAS in their blood.

The current body of evidence of PFAS-related disease further shows that these substances are connected with more than a dozen serious conditions, including various types of cancer, metabolic illnesses such as high cholesterol and hypertension, as well as immune and endocrine dysfunctions. PFAS are also linked with neurodevelopmental problems in children and reproductive issues.

Although PFAS represent a significant risk to the general public, some professional categories face disproportionately higher levels of exposure due to the nature of their work. Firefighters come in contact every day with staggering levels of PFAS due to their personal protective equipment, which is packed full of these substances. PFAS provide tremendous heat resistance, thus serving a vital protective function for firefighters.

Nevertheless, research shows that turnout gear has over 2000 micrograms per kilogram. While different measures for liquids and solids do apply, the Environmental Protection Agency (EPA) limits PFAS in drinking water at just 4 parts per trillion. Due to these high levels of exposure, the incidence of PFAS-related conditions in firefighting populations tends to exceed by far those observed in the general public.

The PFAS Alternatives Act and the struggle for safer turnout gear

Many states have taken independent action to ban or significantly reduce PFAS use. However, PFAS continues to be a growing concern across the nation. In 2023, the PFAS Alternatives Act was proposed, focusing on increasing efforts for the development of alternative solutions for firefighters. As outlined in this Act, a $500 million fund is to be created to support the research, testing, and implementation of PFAS-free turnout gear and firefighting foams. Another $2 million is to be distributed annually among fire departments in the country to support training firefighters in using safely the new equipment.

Nonetheless, the Act in its current form lacks a clear specification of funding for fire departments to purchase these new alternatives. The U.S. firefighting workforce relies extensively on volunteers, with 65% of fire departments being volunteer-based. These departments often face significant financial difficulties, with firefighters having to use old turnout gear, which releases more PFAS, in contrast to newer firefighting clothing.

Notably, while volunteer firefighters may need this new equipment the most, it is unlikely that funds for purchase will be available, given that alternatives that do exist cost upwards of $3,400 per set, a price point that far exceeds the budgetary capacity of most volunteer departments operating in rural or underfunded areas.

PFAS exposure in Montana’s firefighters

Montana has a total of 95 volunteer fire departments, along with 199 rural fire districts and 35 additional volunteer companies, supporting an estimated 8,000 volunteer firefighters across the state. In 2025, firefighters in Montana initiated legal action against several major manufacturers, including 3M, DuPont, Chemours, Globe Manufacturing, W.L. Gore & Associates, and Lion Group, alleging that the turnout gear sold to fire departments was dangerously contaminated with PFAS, while adequate warning was not issued.

This is not the first state where firefighters sued turnout gear manufacturers for failing to adequately warn firefighting gear users of the risk. In 2024, Massachusetts and Connecticut firefighters also filed lawsuits against turnout gear manufacturers, claiming that companies knowingly concealed the presence of PFAS in the gear and failed to provide proper warnings about the associated health risks.

Notably, these legal actions may pressure private manufacturers to invest in safer, PFAS-free technologies to reduce liability. Combined with the legislative initiative brought by the PFAS Alternatives Act, a strong incentive for innovation may be created. Considering these aspects, policymakers should include clear funding for equipment purchases and accelerate the transition to safer alternatives.

Jonathan Sharp is the Chief Financial Officer at Environmental Litigation Group, P.C., a law firm located in Birmingham, Alabama. He oversees the firm’s financial operations and contributes to case evaluations involving toxic exposure claims.