4th US Circuit Court Rejects Environmental Groups’ PFAS Lawsuit Against EPA

Michael S on June 17, 2024

Split Decision Favors EPA in Dispute Over Forever Chemicals Testing

In a 2-1 ruling, the 4th US Circuit Court of Appeals has rejected a lawsuit filed by four environmental groups against the US Environmental Protection Agency (EPA) concerning the testing of PFAS, or “forever” chemicals, at a Chemours facility south of Fayetteville, North Carolina. The decision affirms US District Judge Richard Myers’ earlier ruling in favor of the EPA. The lawsuit, brought by the Center for Environmental Health, Cape Fear River Watch, Clean Cape Fear, and Toxic Free NC, argued that the EPA had effectively denied their petition to require testing of 54 PFAS chemicals at the Chemours plant, which they claim have polluted the Cape Fear River, a source of drinking water for over 300,000 residents in Wilmington, North Carolina.

5 Key Points

  • The environmental groups petitioned the EPA to require testing of 54 PFAS chemicals at the Chemours plant.
  • The EPA granted the petition but opted to use its own National PFAS Testing Strategy instead of the proposed testing strategy.
  • The EPA’s plan would cover 39 of the 54 listed chemicals in the first phase and additional testing.
  • The 4th Circuit majority agreed that the EPA’s plan did not amount to rejecting the petition.
  • Judge James Wynn dissented, arguing that the EPA’s decision not to include 15 chemicals rendered it a partial denial.

EPA’s National PFAS Testing Strategy

The EPA had developed a National PFAS Testing Strategy before granting the environmental groups’ petition. This strategy aimed to deepen the understanding of the impacts of PFAS on human health and the environment. When issuing its decision, the EPA relied on this protocol, explaining that attempting to research each PFAS chemical individually would make it impossible to understand and address the risks they may pose expeditiously. The first phase of the EPA’s plan would cover 30 of the 54 listed chemicals, with the possibility of additional testing covering nine more chemicals mentioned in the petition.

Majority Opinion and Dissent

The 4th Circuit majority, consisting of Appeals Court Judge Steven Agee and Senior US District Judge John Gibney, agreed with Judge Myers that the EPA’s plan did not constitute a rejection of the environmental groups’ petition. Judge Agee noted that although the petitioners would prefer localized testing, the Toxic Substances Control Act (TSCA) does not promise that an agency will limit testing to a particular geographic area or facility. Instead, it ensures that the manufacturer must develop the necessary information when a petitioner identifies a data gap regarding a potentially harmful chemical.

However, Appeals Court Judge James Wynn dissented partly, arguing that the EPA’s decision not to include 15 chemicals listed in the petition rendered its decision a partial denial subject to de novo review. Wynn stated that because the EPA effectively denied the petition for those 15 chemicals, he respectfully dissented from the portion of the majority opinion that concluded otherwise.

Implications for PFAS Testing and Regulation

The 4th Circuit’s decision has significant implications for the testing and regulating PFAS chemicals, which have been linked to various health concerns and environmental contamination. While the environmental groups’ lawsuit aimed to compel more localized testing at the Chemours plant, the EPA’s broader National PFAS Testing Strategy seeks to address the issue on a larger scale. The ruling highlights the challenges communities and environmental advocates face in holding manufacturers accountable for PFAS pollution and ensuring comprehensive testing and regulation of these persistent chemicals.

Mooresville Police Department Conducts Largest Child Predator Sting in North Carolina History, Arresting 14 Suspects

Daniela P on June 11, 2024

Mooresville NC Police Uncover Extensive Online Child Predator Network

The Mooresville Police Department has made a significant breakthrough in combating internet crimes against children by conducting the most extensive child predator sting operation in the city’s history. The operation, dubbed “Operation Artemis,” resulted in the arrest of 14 individuals who were allegedly involved in the sexual exploitation of minors through various online platforms.

5 Key Points

  • Operation Artemis took place from May 28 to May 30 and involved collaboration among local, state, and federal agencies.
  • The suspects, ranging in age from 25 to 78, used online platforms such as ChatApp, Discord, Facebook, Grindr, and others to target minors aged 13 to 15.
  • Chief Ron Campurciani emphasized that the suspects were fully aware of the ages of the minors they were communicating with, eliminating any possibility of mistaken identity.
  • The operation began six months ago, initiated by software alerts regarding conversations about sexual activities with minors.
  • The suspects face charges ranging from solicitation of a child by computer to sexual exploitation and prostitution of minors.

Chief Campurciani Compares Online Predators to Old-Fashioned Child Luring

During a news conference on Friday, Chief Ron Campurciani drew parallels between the modern dangers of online predators and the traditional methods of luring children. He stressed that these crimes are every parent’s worst nightmare, requiring constant vigilance to protect children from harm.

Extensive Preparation and Collaboration Lead to Successful Operation

The success of Operation Artemis can be attributed to the six months of preparation and the collaborative efforts of multiple law enforcement agencies. Investigators engaged the suspects online, eventually setting up meetings under the guise of arranging sexual encounters. The operation’s meticulous planning and execution were crucial in apprehending the suspects and preventing potential harm to numerous children.

Suspects Hail from Various Locations, Including Out of State

The 14 individuals arrested during the operation came from various locations, with some suspects traveling from as far as Gretna, Virginia. One suspect even drove three hours to meet what he believed was a minor. The wide geographical spread of the suspects highlights the pervasive nature of online child predation and the need for cross-jurisdictional cooperation in combating these crimes.

Disturbing Reality: Predators in Trusted Positions

Among those arrested was a suspect who had previously worked as a bus driver, emphasizing the alarming reality that child predators can be found in positions of trust. This revelation underscores the importance of thorough background checks and the need for increased awareness and education about the signs of child sexual exploitation.

Ongoing Investigations and Potential for More Arrests

Chief Campurciani believed that none of the suspects were first-time offenders, raising concerns about their past actions and the potential for more victims. He warned that additional arrests could follow as investigations continue, highlighting the ongoing nature of the fight against child predators.

The Importance of Vigilance and Collaboration in Protecting Children

The success of Operation Artemis serves as a powerful reminder of the critical importance of vigilance and collaboration among law enforcement agencies in combating online child predation. As authorities work tirelessly to bring perpetrators to justice, the community must remain alert and report any suspicious activities to help protect children from harm.