Federal appeals court orders EPA to regulate chemical that makes JET FUEL in drinking water

The Environmental Protection Agency (EPA) will now be required to regulate jet fuel contaminants in drinking water, a federal court ruled.

A unanimous decision by the three-member panel of a circuit court in Washington, D.C., sided with environmental groups who argued that the agency had not set limits on perchlorate in drinking water, a chemical used in military weapons since the 1940s.

The chemical is usually found near or on military bases or contracting facilities that use it, where it can leach into groundwater and contaminate the water people drink.

When exposed to large amounts, perchlorate can seriously impair thyroid function, compromising a whole range of bodily functions such as metabolism, digestion and brain development.

The court ruling overturns a decision by the EPA under the Trump administration not to regulate the chemical contamination, despite findings that came years earlier that pointed to the health risks associated with it.

The decision of the U.S. Court of Appeals for the DC Circuit, led by Judge David B. Sentelle, ended a 2020 EPA action to retract an Obama-era finding that a safety standard should be be determined, adding that the EPA does not have the authority to revoke such determination.

Despite declaring in 2011 that the harmful chemical should be regulated by law under the Safe Drinking Water Act (SDWA), the EPA has not followed through on that determination and has still not done so under the Trump or Biden administrations.

Judge Sentelle said, “The EPA has no inherent authority. It only has the authority it receives from the Drinking Water Act.

“EPA’s obligation, then, is to consider and apply the “best available, peer-reviewed science,” including any new developments, to determine the substance of regulation — not to re-evaluate whether regulation is appropriate.”

The unanimous decision of the three-member panel puts an end to years of back and forth between the EPA and environmental groups. The ruling favored one such group, the Natural Resources Defense Council.

Erik D. Olson, Senior Strategic Director of Health at the Natural Resources Defense Council said of Tuesday’s decision: “The court ruled that EPA must regulate perchlorate-contaminated drinking water because the agency determined it poses a health risk to millions of Americans.

“After more than a decade of delays and litigation, the EPA must now issue a drinking water standard for this widespread and dangerous contaminant. It’s about time.’

The chemical is a fairly common contaminant in the US. The Environmental Working Group, a watchdog organization that tracks chemical contaminants in consumer goods, has found evidence of perchlorate lurking in 379 water companies serving approximately 12 million people.

Dr. Olga Naidenko, EWG’s vice president for scientific research said, “This is an important step toward protecting the health and well-being of Americans, as perchlorate has been linked to a range of serious health problems.

“By requiring the EPA to exercise its authority to limit perchlorate levels in tap water, the court ruled that the agency must put public health above the interests of the defense industry.”

During the Trump administration, the EPA chose to scrap the previous regulations after concluding that perchlorate did not meet the criteria for regulation because it did not appear in drinking water “with a frequency and at levels of public health concern.”

The Trump-era announcement drew anger from environmental groups, including the plaintiff in this latest case, the Natural Resources Defense Council.

High doses of perchlorate can reduce thyroid hormone production by inhibiting the thyroid’s uptake of iodide, which plays a role in regulating a variety of bodily functions, such as metabolism.

Changes in thyroid hormone levels during pregnancy can have a lasting negative effect, as the thyroid regulates fetal brain development.