Attorney General Bonta Joins Amicus Brief to Protect Public from Toxic Chemical Known to Cause Serious Health Risks

OAKLAND - California Attorney General Rob Bonta, as part of a multistate coalition, filed an amicus brief in support of a Biden-era Toxic Substances Control Act (TSCA) risk management rule that would phase out all uses of trichloroethylene (TCE). TCE is a highly toxic chemical known to cause serious health risks including cancers, damage to the central nervous system, and fetal heart defects. The amicus brief was filed in a lawsuit brought by industry groups challenging the rule. In today's amicus brief, the coalition urges the U.S. Court of Appeals for the Third Circuit to uphold the final rule to protect the public, including workers, consumers, and fenceline communities, from TCE.

"The TCE rule represents a long-overdue step toward protecting Americans from a toxic chemical linked to serious illnesses. Without this rule, workers, families, and communities would continue to bear an unacceptable human and economic toll through preventable illness and rising health care costs," said Attorney General Bonta. "We urge the court to uphold the TCE rule to protect public health and our environment."

In late 2024, the Biden Administration's Environmental Protection Agency finalized a rule to phase out all uses of TCE under TSCA to address the unreasonable risk of injury to human health posed by TCE. TCE is found in consumer and commercial products such as adhesives, degreasers, paints, auto brake cleaners, and furniture care products, and is also used widely in industrial processes. Its historical widespread use has resulted in contaminated drinking water and air for millions. TCE passes from contaminated soil to groundwater where it can persist for many years, and TCE vapor from soil and groundwater can also enter buildings through cracks in foundations and contaminate indoor air.

In the amicus brief, Attorney General Bonta and the coalition argue that EPA's rule properly targeted the overall risk presented by TCE and that TSCA does not require EPA to grant exemptions sought by the industry for individual uses of TCE. The brief also emphasizes the importance of EPA's TSCA authority to regulate TCE in complement with state-level restrictions on TCE. If the rule is not implemented, communities risk continued exposure to a chemical linked to serious health consequences. Workers, families, and communities will continue to face unnecessary health risks, while additional contamination of soil and groundwater will accumulate, threatening drinking water supplies and creating ongoing exposure through vapor intrusion into homes and workplaces. Beyond the human toll, the long-term costs of healthcare and environmental cleanup would only continue to grow on top of ongoing costs from legacy contamination. Implementing the TCE rule is a critical step in protecting public health and the environment to prevent avoidable harm and reducing future economic burdens.

In filing the brief, Attorney General Bonta joins the attorneys general of Colorado, Connecticut, Delaware, Hawai'i, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Wisconsin, and the District of Columbia.