Supreme Court Sparks Contaminated Water Fight

A recent Supreme Court decision has spurred a fight between the Air Force and the Environmental Protection Agency (EPA) following an emergency order from the latter requiring the Air Force to clean up contaminated water near Arizona’s Tucson International Airport.

In June, the Court issued a 6-2 opinion overruling its Chevron U.S.A. v. Natural Resources Defense Council decision in 1984. The justices said that courts must now “exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.”

The Air Force cited the June ruling in its fight against an EPA emergency order, issued in May, that requires the force to clean contaminated water.

According to the EPA, water near the Tucson airport is contaminated by trichloroethylene, 1,4-dioxane and per- and polyfluoroalkyl substances, also known as PFAS, after manufacturing of aircraft, aircraft maintenance and chemical leaks from Air Force Plant 44 and Morris Air National Guard Base occurred in the 1980s, according to a report from Military.com.

In May, the EPA ordered the Air Force and Air National Guard to produce a remedial plan for the problem within 60 days. But Air Force lawyers are fighting back against the order, although the force says it will continue to meet any legal obligations.

“The Air Force will continue to meet our obligations under the federal cleanup law and the Safe Drinking Water Act while partnering with the city of Tucson, regulators and stakeholders on a regional solution for the Tucson community,” an Air Force official told Newsweek.

Newsweek reached out to the EPA by email for comment.

PFAS encompass thousands of man-made chemicals found in everyday items like nonstick cookware, firefighting foams, grease-resistant food wrappers, water-resistant clothing and other items. PFAS, known as “forever chemicals” because of the long time it takes the chemicals to break down, can cause harm in high exposure amounts.

During the breakdown process, PFAS can leach into the soil and water supply. These chemicals also threaten the water supply when products containing them are dumped on the ground or into lakes and rivers.

High levels of certain PFAS can cause heightened cholesterol, decreased vaccine responses in children, changes in liver enzymes, increased risk of high blood pressure or preeclampsia in pregnant women, decreases in birth weight and an increased risk of kidney or testicular cancer, according to a U.S. Agency for Toxic Substances and Disease Registry webpage dedicated to PFAS.

However, a U.S. government official told Newsweek the tainted Tucson water is not currently being used for drinking water purposes.

Earlier this year, the Biden administration finalized stricter limits on “forever chemicals,” including PFAS, spurring municipalities and other organizations to take a closer look at their water supply.

The new rules will require utilities to reduce levels of “forever chemicals” to the lowest possible level they can be measured. In 2022, the EPA issued a revised warning that even small amounts of some PFAS chemicals could pose risks to people if consumed.