The lawsuit, filed in federal court on August 26, 2026, targets the EPA's approval of two photoacid generators—compounds typically used in semiconductor production—for import and immediate use in U.S. datacenters. The plaintiffs argue that the EPA's expedited approval process violated environmental laws and failed to adequately assess the chemicals' safety.
The two compounds, which are not named in the public filing due to confidential business information claims, have been linked in laboratory studies to acute toxicity, including 'sudden death' upon exposure, as well as chronic effects such as cancer, eye corrosion, neurological damage, and reproductive harm. The lawsuit also alleges that the chemicals are likely PFAS (per- and polyfluoroalkyl substances), commonly known as 'forever chemicals,' which persist in the environment and have been associated with numerous health issues.
The EPA's approval was granted under a fast-track mechanism that allows for expedited review of new chemicals, but the plaintiffs contend that the agency relied heavily on industry-submitted data and redacted critical information, preventing a full public health assessment. The Guardian, which reported on the lawsuit, noted that the EPA did not respond to requests for comment before publication.
Industry representatives have defended the approvals, emphasizing that the chemicals are essential for the production of advanced semiconductors used in datacenters, and that the EPA's review met legal requirements. They argue that the fast-track approval is necessary to support the growing digital economy and maintain U.S. competitive advantage.
However, environmental and public health groups assert that the EPA's actions jeopardize worker safety and community health, pointing to previous instances where expedited chemical approvals led to later regulatory reversals. The lawsuit seeks to compel the EPA to conduct a full review of the chemicals' potential risks, including environmental fate and exposure pathways.
The outcome of this case could set a precedent for how the U.S. regulates new chemicals critical to emerging technologies. The plaintiffs are requesting that the court vacate the approvals and order a comprehensive evaluation. The EPA has not yet filed a response, and a hearing date has not been set.
This legal challenge highlights the tension between technological advancement and public health protection, as the demand for datacenter capacity continues to surge with the rise of artificial intelligence and cloud computing.