The U.S. Court of Appeals has overruled the Trump and Biden administrations on how much of a rocket fuel chemical linked to IQ loss can be allowed in Americans’ drinking water.
The case pitted the Natural Resources Defense Council (NRDC) against the Environmental Protection Agency (EPA).
The May 9 rulings from a three-judge panel hinged on how much authority the EPA has under the Clean Drinking Water Act.
The Obama administration first issued a regulatory determination on that chemical, perchlorate, in 2011. But after years without producing actual regulations, it was sued by the NRDC in 2016.
Under a consent decree between the EPA and the NRDC, the agency was required to issue regulations and what is known as a maximum contaminant level goal—described in the decision as “an unenforceable, aspirational level” of the chemical….