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Two PFAS strains remain hazardous substances after court rejects industry challenge
NORTH CAROLINA — A unanimous decision made by the U.S. Court of Appeals earlier this month will uphold federal protections against PFOA and PFOS, categorized by the Environmental Protection Agency as hazardous substances. Three judges determined numbers petitioners used in its arguments were overall inaccurate, outdated, conflated or arbitrary, with some uncontextualized and based on discussions with industry leaders rather than empirical evidence. The U.S. Chamber of Commerce, American Chemistry Council, the American Fuel and Petrochemical Manufacturers, the Associated General Contractors of America, Inc., the National Waste and Recycling Association, the Institute of Scrap Recycling Industries and the American Forest and Paper Association challenged the EPA’s designation of PFOA and PFOS. The agencies argued the cleanup costs to industry was higher than EPA said it would be. The EPA designated PFOS and PFOA as hazardous substances in 2024 based on findings the two strains are mobile, persistent, can bioaccumulate in people and organisms, cause health problems, like liver and cardiovascular issues, and have been detected in the environment and human blood. They are strains of PFAS, known as forever chemicals. READ MORE: ‘Industry is winning’: State budget funds PFAS research, but some balk at lack of regulatory teeth ALSO: ‘EPA...