Forever Chemicals, State Solutions: New Mexico's PFAS Playbook

Forever chemicals are everywhere — in your carpet, your cookware, your cosmetics, and increasingly, your drinking water. PFAS — per- and polyfluoroalkyl substances — have been building up in our environment, our water, and our bodies for decades. And while federal regulatory momentum on forever chemicals is stalling, states are moving in the opposite direction. In this episode of People Places Planet, we sit down with Secretary Jim Kenney, General Counsel Zachary Ogaz, and Assistant General Counsel Greg Smithkier from the New Mexico Environment Department to break down what PFAS are, why they're so difficult to eliminate, and what state-level action actually looks like in practice.

They walk us through New Mexico's multi-pronged PFAS strategy: listing aqueous film forming foam (AFFF) as a hazardous waste, phasing out PFAS-containing consumer products, and implementing the country's first-ever consumer product labeling icon for intentionally added PFAS. They also discuss the state's ongoing litigation against the Department of Defense over PFAS contamination at Cannon Air Force Base.

New Mexico has emerged as a national leader on PFAS action, and this conversation reveals exactly how — and why it matters for every state. With EPA rolling back MCLs and retreating from class-based regulation, the episode raises a broader question: can a patchwork of state policies produce national standards? And, at what cost to states already stretched thin on resources and scientific capacity?

Also, be sure to check out ELI's recent report Current Trends in Toxics Litigation for more information on PFAS litigation trends.

• What are PFAS, what risks do they pose, and where can they be found? (01:38)
• PFAS regulation at the State and Federal level (10:13)
• New Mexico's PFAS playbook: hazardous waste listing, phase-outs, and labeling (14:42)
• Litigation and the Cannon Air Force Base case (26:46)
• New Mexico's PFAS conversation in DC (35:11)
• What's next: federal science, state capacity, and closing thoughts (40:06)