3rd Circuit Dismisses Chemours’ Challenge Of GenX Health Advisory

The U.S. Court of Appeals for the 3rd Circuit has rejected an industry challenge to EPA’s drinking water health advisory level (HAL) for PFAS known as GenX chemicals on jurisdictional grounds, issuing a precedential ruling that effectively backs the agency in its arguments that HALs are non-regulatory advisories and therefore not reviewable by courts. “We will dismiss the petition for lack of subject matter jurisdiction because the health advisory is not a final agency action,” the three-judge panel of the...