The nonprofit Earthjustice has filed a lawsuit against the U.S. Environmental Protection Agency over its approval of two photoacid generators, chemicals that are essential to semiconductor manufacturing but can cause sudden death, cancer, eye corrosion, neurological damage, and reproductive harm. The lawsuit alleges that the EPA approved these chemicals for import and use in the United States with minimal and non-protective restrictions, without establishing the levels at which they become acutely lethal or cause other serious health damage. The chemicals also appear to be per- and polyfluoroalkyl substances (PFAS), so-called forever chemicals that resist breakdown in the environment.<\/p>\n
The complaint centers on two new chemicals the EPA cleared for use. According to the filing, the EPA does not know the concentration at which the chemicals become acutely lethal or cause serious health effects. The nonprofit argues that the substances may present an unreasonable risk to workers and the public, yet the agency approved them with restrictions the group describes as minimal and non-protective.<\/p>\n
Earthjustice staff attorney Jonathan Kalmuss-Katz told The Guardian that if a chemical may present an unreasonable risk, the Toxic Substances Control Act requires the EPA to prohibit or limit the manufacture, processing, distribution, use, or disposal of the substance to the extent necessary to protect against that risk. He characterized the approvals as a reversal of the new chemical review process.<\/p>\n
The lawsuit frames the approvals as part of a broader pattern around data centers. Demand for domestic semiconductor manufacturing has risen sharply, driven in part by data center expansion, and the current administration has moved to accelerate the chemicals needed to support that growth. President Donald Trump issued an executive order last year to fast-track approval of chemicals required for data centers. It is unclear whether the two newly approved chemicals fall under that order.<\/p>\n
Photoacid generators are a class of compounds used in semiconductor lithography to create the fine patterns on chips. Without them, modern chip production would not be possible. But exposure to these chemicals carries documented hazards, and Earthjustice’s complaint lists several:<\/p>\n
The complaint also notes that the chemicals appear to be PFAS, a class of synthetic compounds with strong carbon-fluorine bonds that resist environmental degradation. PFAS are widely used across the semiconductor industry, and researchers are still working on practical ways to remove them from wastewater streams.<\/p>\n
PFAS contamination is not a new concern for semiconductor fabs. A separate lawsuit against Micron’s planned New York facility alleges that the wastewater and air permits granted to the company could still allow forever chemicals to reach the Oneida River. Environmental groups accept that domestic chip production requires chemicals with potential hazards, but they argue that the EPA must guarantee those substances do not enter the water system and that workers are shielded from exposure.<\/p>\n
Under the Toxic Substances Control Act, the EPA has clear authority to restrict or prohibit a chemical that may present an unreasonable risk. The lawsuit argues that the agency chose not to use that authority, allowing import and use with limited safeguards.<\/p>\n
The case now moves through the federal court system. A ruling in Earthjustice’s favor could force the EPA to revisit its approval decisions and impose stricter limits on the chemicals. A loss would leave the current approval structure intact and could influence how the agency handles similar chemicals tied to data center and semiconductor supply chains.<\/p>\n
Photoacid generators are compounds used in semiconductor lithography to form the fine circuit patterns on chips. They are essential to modern chip production but can be highly toxic to humans and the environment.<\/p>\n
Earthjustice filed the lawsuit alleging that the EPA approved two photoacid generators without determining the levels at which they become acutely lethal and without imposing restrictions adequate to protect workers and the public.<\/p>\n
The lawsuit states that the two chemicals appear to be PFAS, a class of long-lasting substances commonly referred to as forever chemicals. The semiconductor industry is a known user of PFAS, and cleaning up these compounds from fab wastewater remains an active area of research.<\/p>\n