Earthjustice and several environmental allies have filed a lawsuit against the US Environmental Protection Agency in San Francisco. The groups allege the agency approved two secret chemicals for semiconductor production despite acknowledging significant gaps in safety data regarding cancer and neurological risks.
The secrecy surrounding chemicals P-26-0029 and P-26-0045
The legal challenge, brought before the US Court of Appeals for the Ninth Circuit, centers on two substances identified only as P-26-0029 and P-26-0045. According to the complaint, the US Environmental Protection Agency (EPA) has withheld the actual names of these chemicals, treating them as confidential business information. This lack of transparency prevents public scrutiny of substances that the agency itself admitted could be linked to cancer, neurological injury, and sudden death.
Earthjustice senior attorney Jonathan Kalmuss-Katz argues that the US EPA is moving potentially hazardous materials into the commercial market without completing the necessary reviews or establishing legal safeguards. The lawsuit contends that the agency violated the Toxic Substances Control Act by allowing these chemicals to enter use while admitting it lacked sufficient information to determine the full scope of their health risks.
How the AI data center boom accelerates chemical risk
The push for these semiconductor chemicals is driven by the rapid expansion of artificial intelligence systems, cloud computing, and the construction of new data centers across the United States. As reported in the source, the infrastructure supporting AI relies on a complex array of chemicals used in robotics, seals, pumps, cable insulation, and fire suppression systems. This includes the use of specialty lubricants, fluorinated coatings, and refrigerants.
Jane Williams of the Sierra Club suggests that the rush to build out AI infrastructure is creating systemic risks across the entire industrial supply chain. Beyond the data centers themselves, the environmental impact extends to the factories producing electronic components and the facilities used to incinerate hazardous waste. the Sierra Club argues that substances suspected of being bioaccumulative and toxic should not be deployed while their effects remain unknown.
The legacy of PFAS and persistent toxins in semiconductor plants
The current legal battle is set against a decades-long history of hazardous conditions in semiconductor manufacturing. These plants are significant sources of per- and polyfluoroalkyl substances, known as PFAS, which are persistent chemicals that accumulate in living organisms. According to the report, some PFAS have already been detected in umbilical cord blood and breast milk, highlighting a multi-generational exposure risk.
Communities located near these manufacturing facilities face ongoing threats from industrial discharges, air pollution, and transportation accidents. The lawsuit suggests that the current approval of P-26-0029 and P-26-0045 follows a dangerous pattern where public health is sidelined in favor of industrial expansion. The environmental groups argue that the public should not have to wait for workers to fall ill before the US EPA implements safety protocols.
The Ninth Circuit challenge to the Toxic Substances Control Act
Earthjustice contends that the approval of these confidential chemicals reflects a broader trend of the Trump-era EPA weakening the legal procedures mandated by the Toxic Substances Control Act . the lawsuit claims the agency has consistently given more weight to commercial interests and industrial growth than to the statutory obligations of public health protection.
While the lawsuit seeks a more thorough assessment of the chemicals,several critical details remain missing. Specifically, the public still does not know the chemical composition of P-26-0029 and P-26-0045, nor has the US EPA provided a detailed rebuttal to the claims of neurological risk. The court's decision will determine whether the agency's use of "confidential business information" can legally override the public's right to know about potential carcinogens in their environment.
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