Earthjustice Sues EPA Over Toxic Semiconductor Chemical Approvals

The nonprofit organization Earthjustice filed a lawsuit against the United States Environmental Protection Agency for approving two new photoacid generator chemicals used in semiconductor production for datacenters. The lawsuit alleges the agency violated the Toxic Substances Control Act by authorizing the compounds despite admitting they present an unreasonable risk to workers and the public, including potential cancer, neurological damage, and sudden death.

According to the filing, the EPA acknowledged it lacked sufficient data to quantify the levels at which these chemicals become acutely lethal or cause systemic harm. The chemicals are suspected to be PFAS forever chemicals, which accumulate in the human body and the environment. While the semiconductor industry maintains these chemicals are essential for advancing chip manufacturing and AI computing capacity, Earthjustice argues the administration is prioritizing technology over public health.

Advocacy groups have joined the criticism, with the Center of Public Environmental Oversight calling for a total ban on new photoacid generators until enforceable zero-discharge assurances are in place. Attorney Jonathan Kalmuss-Katz stated that the EPA failed its most fundamental obligation to protect the public from unreasonable risk.