In a notable ruling, a federal court decided that the Environmental Protection Agency (EPA) went too far in trying to regulate certain harmful chemicals used by a Texas company.
Clark Mindock reports for Reuters.
In short:
- The 5th U.S. Circuit Court of Appeals ruled against the EPA's attempt to stop a company from using a process that inadvertently creates toxic chemicals known as PFAS.
- The court argued that the EPA's actions, based on the interpretation of what constitutes "new" chemicals under the Toxic Substances Control Act, defied common sense.
- This decision has broader implications for how the EPA can regulate the production of chemicals that emerge as byproducts of older manufacturing processes.
Why this matters:
Regulations for PFAS are evolving as scientific understanding of their impacts grows. In the United States, regulation of these substances is primarily at the state level, with a patchwork of guidelines and standards that vary significantly. However, there is a push toward more comprehensive federal regulation.
Want to learn more? Kristina Marusic wrote about the challenges of regulating PFAS in Pennsylvania’s drinking water.
