U.S. Air Force delays compliance with order to address contamination of local water supplies: 'It's very odd'

The United States Air Force is pushing back on an order from the U.S. Environmental Protection Agency intended to ensure Tucson, Arizona, residents have access to clean drinking water, according to the Guardian. 

What's happening?

In May, the EPA issued an order requiring the Air Force to carry out measures to address "forever chemicals" in Tucson-area water. The agency had deemed the compounds, also known as PFAS — or per- and polyfluoroalkyl substances — an "imminent and substantial threat to the health of persons" under the Safe Drinking Water Act.

However, per the Guardian, the Air Force later argued that June's overturning of the Chevron doctrine by the conservative majority U.S. Supreme Court meant it didn't have to formulate an action plan, even though the EPA found the military branch — along with the Arizona Air National Guard — was responsible for the contamination. 

According to the news outlet, legal experts highlighted how the Chevron decision should have only impacted the rule-making process itself, not the EPA's ability to enforce orders like the one in Tucson. 

That's because the Chevron doctrine made it so that "the courts must defer to the regulatory agency's interpretation if the interpretation is reasonable" in cases where wording on policy is ambiguous, per the Public Policy Institute of California.

"It's very odd," Stanford University Environmental Law Clinic director Deborah Ann Sivas told the Guardian. "It feels almost like an intimidation tactic, but it will be interesting to see if others take this approach and it bleeds over."

Why is this important?

As the Guardian noted in June, Associate Justice Elena Kagan highlighted how the Chevron doctrine has been "a cornerstone of administrative law" for 40 years. 

However, its overturning appears to have opened the door for the advice of regulatory experts to be disregarded, creating significant concerns about the implications for public health. 

While the Air Force told the Guardian in August that it "will continue to meet our obligations under the federal [Superfund] law" and argued that drinking water in Tucson has acceptable levels of PFAS, the EPA pointed out that part of its mission is to prevent harm from occurring. 

The current filtration system in the area is under pressure because it wasn't designed specifically for PFAS, per the news report, putting it at risk of breaking and endangering residents or leaving them without clean drinking water in a hot desert climate. 

Exposure to PFAS has been linked to cancers, pregnancy complications, and increased cholesterol levels, among other health issues, per the CDC's Agency for Toxic Substances and Disease Registry. 

"The Air Force bears responsibility for the PFAS contamination and needs to step forward to protect the Tucson community," the EPA said, per the Guardian. 

What's being done about Tucson drinking water?

A joint effort from Tucson and the state of Arizona aims to introduce a new system equipped to handle PFAS, though the EPA noted to the Guardian that it would not be operational for years. It also said that the Air Force should be financially responsible for the situation. 

You can make your voice heard on issues that matter to you by donating to conservation organizations, voting for pro-climate candidates, and getting involved in local planet-friendly projects. These actions and more contribute to a cleaner future. 

For example, a multibillion-dollar restoration initiative in Florida will ensure millions in the Sunshine State will continue to have clean drinking water. 

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