The Michigan Supreme Court will hear arguments Wednesday on a challenge by a chemical manufacturer to the state’s drinking water rules for perfluoroalkyl and polyfluoroalkyl substances, also known as PFAS.

PFAS are a family of chemicals used in products including clothing, cookware and firefighting foam. PFAS, which are linked to a number of health conditions, are very slow to break down and are often called “forever chemicals.”

The manufacturing company 3M argues the Michigan Department of Environment, Great Lakes and Energy did not follow the required process for promulgating rules to deal with PFAS in drinking water. 

3M says the state failed to provide an estimated cost of complying with the regulations for cleaning up groundwater.

The state says 3M is arguing for a needlessly expansive interpretation of the rules. The state is hoping the justices will reverse lower courts when they issue a decision.

A challenge to the state’s rules on water contamination by a group of forever chemicals is on the Michigan Supreme Court’s November oral arguments docket.

The Department of Environment, Great Lakes and Energy’s rules are aimed at PFAS,  a family of chemicals used in clothing, cookware and firefighting foam. PFAS are often called “forever chemicals” because they’re so slow to break down. PFAS have been linked to a variety of conditions and health risks.

The manufacturing company 3M claims the state did not follow the law for promulgating regulations, which includes a requirement to provide an estimated cost of compliance. 3M says that should include the costs of cleaning up drinking water and groundwater. The state says it’s only required to provide an estimate for drinking water cleanup. Lower courts ruled against the state.

The PFAS case is one of a half dozen cases to be argued at the court’s Nov. 13 session.