The Third Circuit Court of Appeals has dismissed a lawsuit by chemical company Chemours, which claimed the Environmental Protection Agency (EPA) acted unlawfully when it issued a health advisory warning about the risks of the chemical GenX in drinking water.
Chemours has acknowledged dumping GenX, a type of “forever chemical,” into the Cape Fear River for years.
“The health advisory identifies a level of GenX in drinking water at 10 parts per trillion. If the water contains contamination below that level, there likely won’t be any adverse impacts,” explained Sarah Tallman, Senior Attorney for the Natural Resources Defense Council.
Tallman noted that while the advisory is not legally binding, it helps communities understand the impact on their water quality.
Environmental groups are celebrating the decision as a victory for public health.
“The rivers and streams belong to the people, not to the chemical companies,” said Emily Donovan of Clean Cape Fear.
However, Chemours has raised questions about the science behind the advisory.
In a statement to WECT, a Chemours spokesperson said:
“Chemours, along with groups of drinking water providers and manufacturers, has challenged the EPA’s Maximum Contaminant Limits (MCL) for drinking water, which use, in part, the same scientifically unsound analysis. We look forward to the D.C. Circuit considering the merits of our arguments in our pending challenge to the EPA’s MCL regulation.”
Tallman highlighted that the court’s decision to reject Chemours’ lawsuit will keep the EPA’s health advisory in place.
“The court’s rejection of Chemours’s attack on the health advisory means the EPA can continue to issue health advisories to inform the public and communities in North Carolina about potential risks in their drinking water and the health impacts of toxic chemicals,” she said.
In April, the EPA issued a legally binding regulation for GenX in tap water. Chemours has also filed a lawsuit challenging these regulations, which is still pending in the Court of Appeals.
