A federal appeals court handed EPA a win on a technicality in a case challenging a health advisory for one of the most notorious substances in the “forever chemicals” family.
The 3rd U.S. Circuit Court of Appeals dismissed a petition from chemical company Chemours over a “lack of subject matter jurisdiction because the health advisory is not a final agency action,” Judge Arianna Freeman wrote for the unanimous three-judge panel.
The ruling sets a precedent in line with EPA’s argument that drinking water health advisory levels are not final regulations and therefore not subject to review by the courts.
EPA set the advisory limits for GenX and PFBS — two per- and polyfluoroalkyl substances, or PFAS, found to be highly toxic to humans — in June 2022, a move seen then as a major step toward minimizing harms.
