Lawsuits aim to prevent 'illegal' hiding of toxic chemicals by US regulators

Source: The Guardian

Thu 17 Oct 2024 08.00 EDT
Last modified on Thu 17 Oct 2024 13.25 EDT


Two lawsuits aim to stop US federal regulators and industry from “illegally” hiding basic information about toxic chemicals used in consumer products that are potentially polluting the environment and endangering public health.

Companies often claim that toxic chemicals’ health and safety data, and even their names, are “confidential business information” (CBI) because making the data public could damage their bottom line.

The US Environmental Protection Agency frequently allows industry to use the tactic, which makes it virtually impossible for public health researchers to quickly learn about dangerous chemicals. It also bars most EPA staff and state regulators from accessing the information and criminal charges could be brought against those who do.

That leaves regulators attempting to protect the public without essential information for some chemicals and in effect creates a “shadow regulatory government” in the EPA, said Tim Whitehouse, a former EPA attorney who is now director of Public Employees for Environmental Responsibility (Peer), a plaintiff in one of the suits.

Read more: https://www.theguardian.com/us-news/2024/oct/17/lawsuit-prevent-hiding-toxic-chemicals

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Link to Public Employees for Environmental Responsibility (Peer) SUIT (PDF) - https://peer.org/wp-content/uploads/2024/02/2_15_24-PEER-AND-CEH-v-EPA_Inhance-FOIA-complaint-Final-Draft-2-14.pdf

Link to Environmental Defense Fund SUIT (PDF) - https://www.edf.org/sites/default/files/press-releases/231109--EDF_BRIEF--CBI.pdf