Court condemns Chemours’ attempt to overturn GenX’s health recommendation

NORTH CAROLINA – Local environmental advocates welcomed an appeals court’s decision to dismiss Chemours’ lawsuit accusing the Environmental Protection Agency of acting unlawfully when it issued a drinking water health warning for GenX.

READ MORE: Chemours’ fight against GenX’s health recommendation goes to court and has nationwide implications

Chemours sued the EPA shortly after the agency announced its lifetime health advisory for Generation X of 10 parts per trillion in June 2022.

Although the EPA’s recommendations are not enforceable, Chemours argued that the recommendation was “extreme” and served as a “de facto rule” that states could use to enact specific regulations. The U.S. Chamber of Commerce filed a brief in support of the chemical maker.

The EPA responded that its health advisories were intended to serve as informational guidelines and to determine, based on the best available science, the concentration of contaminants that may cause adverse health effects.

The Third Circuit Court of Appeals dismissed the lawsuit on Tuesday, finding that the parties’ rights were not violated by the recommendation and that the regulation was not driven by the agency’s health guidelines.

Environmental groups including Cape Fear River Watch, Clean Cape Fear, the Natural Resources Defense Council and the Center for Environmental Health filed briefs as intervenors in the case and celebrated the decision on Tuesday.

“Over the years, our community has learned that companies like Chemours usually attack the science, when they are not actively hiding it,” said Emily Donovan, founder of Clean Cape Fear, in a press release. “This is a victory for public health and for every resident who has been harmed by exposure to GenX. This time, the court is right.”

Two decades ago, the EPA voluntarily agreed with DuPont to use GenX as a replacement for PFOA, a toxic PFAS compound recognized by the agency. The EPA later determined that GenX may be even more toxic than its predecessor after allowing DuPont and its spin-off company Chemours to distribute GenX, as well as at least 53 other PFAS substances, into the Cape Fear River for years.

“Chemours has claimed this is a last-ditch effort by EPA that could require them to clean up their mess,” Dana Sargent, executive director of Cape Fear River Watch, told PCD. “And they’re claiming that’s not fair, which is so backwards, but it’s a legal argument. But this PFAS advisory is not a last-ditch effort. It’s giving states guidance to protect their citizens in the way they see fit.”

Tips or comments? Email reporter Peter Castagno at [email protected].

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