Scientific Guidance Intended to “Help Communities Make Informed Decisions” Upheld in Court
For the time being, a health advisory issued by the US Environmental Protection Agency (EPA) on unsafe levels of the persistent toxic chemical GenX remains in effect. The US Court of Appeals for the 3rd Circuit has dismissed a challenge to that EPA guidance by GenX chemical manufacturer Chemours.
This legal win comes with an important caution. The Court’s ruling stated that Chemours could not challenge the health advisory since it was not a final EPA rule, but merely scientific guidance intended to “help communities make informed decisions.”
Chemours’ Legal Challenges
However, Chemours is expected to continue its various legal challenges to this and other regulatory actions which would require the corporation to spend money cleaning up its toxic messes. NC Health News provides a more detailed analysis of the immediate implications of this court ruling for North Carolina communities whose drinking water is impacted by the GenX discharges into the Cape Fear River basin. The analysis concludes that the decision leaves in effect a 2022 consent order in which Chemours agreed to some remedial actions, as well as the longer-term prospects for regulatory bodies on this problem.
NC advocates for clean water and healthy communities are under no illusions regarding the persistent need to fight for the health of those directly impacted. As Emily Donovan, co-founder of Clean Cape Fear, told NC Health News, “Through the years, our community has learned that when companies like Chemours are not actively hiding the science, they are usually attacking it.” However, she added, “This is a win for public health and every resident harmed by GenX exposures. The courts got it right this time.”
