by Steve Timmer

Mar 3, 2025, 3:00 PM

Amara’s Law imperiled by a Republican-controlled House committee

The lede paragraph in a story here in March of 2024:

In 2023, the Minnesota Legislature enacted “Amara’s Law” to ban “nonessential” use of PFAS chemicals in Minnesota. It was named in honor of Amara Strande, a young PFAS cancer victim who spent the last months of her life lobbying the legislature to pass the law. PFAS are carcinogenic chemicals, which cause other serious health problems, too, and are found to be contaminating soil and water, in Minnesota and elsewhere, and especially in the east metro where Strande lived. These chemicals were first invented by 3M and have been manufactured by it in the east metro since the 1940s. One of the big problems with PFAS is that they don’t break down; they are called “forever” chemicals.

The story went on to describe the efforts that were afoot to neuter the law via rulemaking in the Minnesota Pollution Control Agency over the “unavoidable use” exception to PFAS bans which were phased in under Amara’s law.

I investigated a little further and was I was sufficiently alarmed to file a complaint with the Minnesota Campaign Finance and Public Disclosure Board over the activities of a company from Canada to influence the MPCA without registering as a lobbyist.

For the record, and at the risk of fatal digression, the Campaign Board dismissed the complaint summarily, saying I couldn’t prove that the company, Claigan Environmental Inc., was lobbying: I didn’t have correspondence and phone logs, after all. Well no, I didn’t, but I thought I made a prima facie case, sufficient to cause the Campaign Board staff to investigate, which it has the power to do: to request documents and to even to compel witnesses (the ones subject to its jurisdiction, anyway) to testify under oath. I know this is true because, among other reasons, I’ve had clients subpoenaed to appear for a deposition by the Campaign Board’s former executive director, Gary Goldsmith, one of the finer public servants I’ve known.

But it was apparently too much of a bother for the Campaign Board here; it’s only one of the most explosive environmental issues extant in Minnesota, and around the country, really.

But let’s see? Where was I? Oh yes.

This legislative session, now that the Republicans have gotten their hands on committees in the House, including the Environment and Natural Resources Finance and Policy Committee, is hearing two bills that are a direct assault on Amara’s Law, not just by tinkering with rulemaking, either. The committee chair, Josh Heintzeman, who bears a passing resemblance to Ted Cruz, is a principal author of both of them.

H.F. 81 would exempt “Off-highway vehicles, snowmobiles, and electric-assisted bicycles” from the PFAS ban. H.F. 1627 would exempt “Commercial and industrial products” from the ban.

These bills will be heard by the committee Tuesday, March 4th. They are bad news and ought to be opposed.