WASHINGTON – On Tuesday a federal appeals court ruled that the Environmental Protection Agency must use its authority under the Safe Drinking Water Act, or SDWA, to regulate the toxic chemical perchlorate in the U.S. drinking water supply.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of several environmental organizations that sued the Trump EPA in 2020 for reversing an Obama EPA decision to issue SDWA rules for perchlorate. The Obama EPA’s decision, issued in 2011, said the known health harms from perchlorate justified the regulations.
The Trump EPA claimed that perchlorate, a toxic component in rocket fuel, is not found in enough public water systems or at high enough concentrations to warrant regulatory action under the SDWA. But EWG research has found the chemical in drinking water from hundreds of systems across the country serving more than 12 million people.
The environmental groups, led by the Natural Resources Defense Council, sued the EPA, claiming it lacked authority to rescind its earlier decision to proceed with SDWA rules. The court agreed the agency can’t backtrack on its decision.
“This is an important step toward protecting the health and well-being of Americans, since perchlorate has been linked to a range of serious health problems, including thyroid disorders and developmental delays in children,” said Olga Naidenko, Ph.D., EWG’s vice president for science investigations.
“By requiring the EPA to use its authority to limit perchlorate levels in tap water, the court has ruled the agency must put public health over the interests of the defense industry,” said Naidenko.
Perchlorate blocks the thyroid from taking in iodide, which is critical to the thyroid’s ability to regulate many body functions. Too little iodide can cause health problems, including reduced thyroid hormones and harm to metabolism, and physical and cognitive development.
Children and the developing fetus are most at risk from perchlorate contamination of drinking water, because their brains are still developing, and their bodies are highly sensitive to smaller fluctuations in iodide levels. Changes in thyroid hormone levels during pregnancy can have a lasting impact, since the thyroid governs fetal brain development.
EWG’s national Tap Water Database includes records of perchlorate detected in 379 water utilities serving an estimated 12 million people. Those concerned that this toxic rocket fuel chemical may contaminate their tap water can enter their ZIP code into EWG’s database to see if their local utility detected perchlorate.
###
The Environmental Working Group (EWG) is a nonprofit, non-partisan organization that empowers people to live healthier lives in a healthier environment. Through research, advocacy and unique education tools, EWG drives consumer choice and civic action.
