A federal appeals court has ruled that the Environmental Protection Agency must regulate perchlorate, reversing a rollback the agency first made under then-President Donald Trump
A federal appeals court ruled Tuesday that the Environmental Protection Agency must regulate perchlorate, reversingA three-judge panel of the U.S. Court of Appeals for the District of Columbia ruled unanimously in an appeal brought by the Natural Resources Defense Council last year after the EPA, under the Biden administration, stood by the rollback. Two judges wrote that the EPA had no authority to withdraw from a 2011 determination that perchlorate should be regulated.
The perchlorate decision was among those that Biden ordered reviewed at the start of his term. But the EPA stood by it last year, with Assistant Administrator Radhika Fox saying the agency was “applying the right tools to support public health protections.” “The court ruled that EPA must regulate perchlorate-contaminated drinking water because the agency had found that it poses a health risk to millions of Americans," Olson said. “After more than a decade of delay and litigation, EPA now must issue a drinking water standard for this widespread and dangerous contaminant.”
Perchlorate has been used in the U.S. for decades, particularly by the military and defense industries. It's commonly found in munitions, fireworks, matches and signal flares. Perchlorate from runoff contaminates the drinking water of as many as 16 million Americans, the Obama administration said in 2011 when it announced EPA would for the first time set maximum limits.
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