EPA faces suit over ‘forever chemicals’ test order

By Ellie Borst | 12/11/2024 01:27 PM EST

Chemical companies want the D.C. Circuit to weigh in on the agency’s efforts to collect more health data on a particularly concerning PFAS.

A water researcher tests a sample of water for PFAS.

A scientist tests a sample of water for PFAS at EPA's Center for Environmental Solutions and Emergency Response in Cincinnati. Joshua A. Bickel/AP

EPA has been sued over an order that requires companies to submit data or pay for tests on a particular “forever chemical” of concern.

The Fluorotelomer Consortium filed a petition in the U.S. Court of Appeals for the District of Columbia Circuit on Monday over the agency’s test order on 6:2 fluorotelomer acrylate, a member of the per- and polyfluoroalkyl substances, or PFAS, family that researchers have singled out as distinctly risky.

EPA in October issued orders on 6:2 FTAc to five companies: Innovative Chemical Technologies, Daikin America, Sumitomo Corp. of Americas, and the historic DuPont company and its spinoff, Chemours.

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The petition — filed by attorneys with Bergeson & Campbell, a Washington-based law firm specializing in chemical regulations — does not mention any companies included in the consortium nor does it lay out specific complaints.

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