Perchlorates: News, Research, and Litigation

Perchlorates are volatile anions manufacturers use in rocket propellants, road flares, and fireworks. They are colorless and odorless, so detecting them in the air is difficult. They occur naturally, but they can also be man-made.

In the U.S., you can find perchlorates in some Western states. Such states include:

• Nevada
• Arizona
• California

Companies also mine for perchlorates in Chile and Canada. Perchlorates are dangerous because they contaminate the soil and drinking water supplies.

This article offers a brief history of the dangers and effects of perchlorates on human health. It also provides news, legal, and research updates about these chemicals.

If you or a family member gets sick from perchlorate exposure, you may have a legal claim. A toxic tort attorney near you can review your situation and determine if you have a valid case. If so, they will guide you through the legal process and advocate for fair compensation for your injuries.

What Are Perchlorates?

Perchlorates (CLO-4) are inorganic salts. They are strong oxidizers, which makes them ideal in pyrotechnic manufacturing. The military also uses perchlorates in their rockets. This means that people who live near manufacturing plants and military bases are at risk of perchlorate exposure.

Several types of perchlorates exist. They include the following:

• Ammonium perchlorates
• Potassium perchlorate salts
• Sodium perchlorates
• Lithium perchlorates
• Magnesium perchlorates

The most popular use of perchlorates is for pyrotechnics, such as fireworks and rocket fuel. But you can also find them in detergents, fertilizers, and bleaching agents.

Sources and Location of Perchlorates

Perchlorates, on their own, are dangerous for humans. The toxicological properties of perchlorate salts are vast. For example, scientists have found low levels of perchlorates in certain foods. They naturally occur in such foods as collard greens and dry cereals.

There is a high likelihood of perchlorate near military installations and factories. These places are common sources of perchlorate salts and contamination.

The soil and water sources near these locations can be hazardous. It all depends on the concentration and levels of perchlorate in the drinking water. It would be one thing if the government regulated the legality of perchlorate exposure. Unfortunately, despite evidence that these chemicals are dangerous to public health, the government has refused to regulate them.

What Are the Dangers of Perchlorates?

The dangers of perchlorates depend on the type of exposure. For example, the health implications of perchlorate ingestion are devastating. This is especially true for children and infants.

One of the adverse effects of perchlorates is that it interferes with the thyroid gland’s iodide uptake. Iodide helps you produce hormones that help regulate your body. Perchlorate exposure can also cause hypothyroidism. This is when your thyroid becomes inactive. It can lead to an increase in body weight and a low metabolism.

Hypothyroidism can lead to adverse effects to the following:

• Cardiovascular system
• Skin
• Pulmonary system
• Kidneys
• Gastrointestinal tract
• Neuromuscular system

When you lose thyroid function, it can impact your overall health.

How Does the EPA View Perchlorates?

According to the National Academy of Sciences (NAS), more than 11 million Americans drink water containing perchlorates. This is dangerous to all humans, but especially pregnant women. When they ingest perchlorate salts, it enters their bloodstream. This can cause the chemicals to contaminate their breast milk.

The U.S. Environmental Protection Agency (EPA) discovered the presence of perchlorates in surface water in the 1970s. Since then, the agency has worked hard to prove (or disprove) that perchlorates are dangerous for human and environmental health.

In recent years, the U.S. EPA has pressured the federal government to pass laws regulating perchlorate use. In 2002, President Bush refused to pass this legislation. In 2020, the Trump Administration said these laws weren’t necessary. It argued that the frequency of concentration of perchlorates in drinking water was too low to warrant new laws. According to the New York Times, in March 2022, President Biden agreed.

Perchlorate News, Research, and Legal Updates

There have been developments regarding perchlorates over the past twenty years. Below are highlights of significant news stories, including perchlorate litigation.

Research into perchlorates is ongoing. The EPA continues to push for stronger legislation. 

November 18, 2005: Companies Agree To Pay Perchlorate Cleanup Costs at California Superfund Site

Sixteen companies (including Lockheed Martin, Mobil Oil, and Philip Morris USA) agreed to pay $14.5 million to the federal government and $346,000 to the State of California for cleanup costs. The cleanups took place in the Baldwin Park area of the San Gabriel Valley Superfund site.

The EPA found contaminants, including perchlorates, at the site in 1984. The Department of Justice estimated that the government spent over $100 million on constructing and operating water treatment systems.

January 26, 2006: EPA Issues Guidance for Protective Cleanups of Perchlorate

The U.S. Environmental Protection Agency (EPA) announced a preliminary cleanup goal of 24.5 parts per billion (ppb) for perchlorate in water. The preliminary goal was a starting point for an evaluation of site-specific conditions. The final cleanup determinations would consider site-specific information.

July 28, 2006: Massachusetts Sets High Standard for Perchlorate in Drinking Water

Massachusetts became the first state to set drinking water and waste site cleanup standards for perchlorate. Massachusetts set the maximum contaminant level at two parts per billion (ppb) and required most public water systems to test for high levels of perchlorate regularly. The state government said the health concerns over perchlorates in the water systems were too serious to ignore.

November 27, 2006: EPA Settles Past Cleanup Costs for $2.1 Million

The U.S. Environmental Protection Agency (EPA) required companies contributing to groundwater contamination at the San Gabriel Valley Superfund site (near Los Angeles) to reimburse the EPA $2.1 million. They also ordered these companies to repay the California State Department of Toxic Substances Control $16,000 for past cleanup costs.

May 2012: EPA Creates Fact Sheet on Perchlorates

In May 2012, the EPA published an updated fact sheet on perchlorates. This fact sheet contains detailed information on the dangers of perchlorates. This fact sheet confirms data from the National Academy of Sciences (NAS) regarding the health effects of perchlorates.

One of the health effects the EPA included on its fact sheet was the damage perchlorate exposure caused in infants and children. According to NAS and the EPA, perchlorate exposure can cause brain damage as well as growth and development issues. These growth and development issues impact the following groups the most:

• Fetuses
• Infants
• Young children

June 2019: EPA Issues Proposed Standards for Perchlorates Regulation

In accordance with the Safe Drinking Water Act and a federal court order, the EPA set forth proposed standards for perchlorate regulation. Their proposal recommended that the EPA conduct risk assessments again in 2025 and 2027. This would allow the agency to narrow down its legislation proposals.

Any new regulations would relate to perchlorate exposure in drinking water. It would also call for mandatory remediation by companies releasing perchlorate salts into water sources.

March 2022: EPA Plan To Address Perchlorate Contamination

After completing a review of its 2020 proposal, the EPA issued its plan to address perchlorate exposure and its contamination of drinking water. The new plan addressed contaminated site cleanup. It also described the agency’s plan to research perchlorates’ impact on human and environmental health.

Specifically, the EPA’s plan addressed the following:

• Ongoing cleanup of contaminated sites through the agency’s Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
• Revision of the Resource Conservation and Recovery Act (RCRA) regarding the burning and detonation of explosives
• Strengthen label requirements on the storage and handling of products containing perchlorates
• EPA’s commitment to research into the characterization of perchlorate occurrence in ambient waters

When the EPA published this plan, it also confirmed its decision not to regulate perchlorates in drinking water. It based this decision on the “best available peer-reviewed science.”

March 9, 2023: Federal Appeals Court Orders the EPA To Regulate Perchlorates in Drinking Water

In 2020 and again in 2022, the EPA decided not to regulate perchlorates in drinking water. As a result, the National Resources Defense Fund filed an appeal. On March 9, 2023, the U.S. District Court for the District of Columbia reversed a lower court’s decision supporting the non-regulation of perchlorates.

Circuit Judge Florence Pan said the EPA’s decision was “capricious” and “arbitrary.” The court went on to say that the EPA didn’t have the authority to make this decision. The court noted that the EPA’s finding that the frequency and concentration of perchlorate contamination was too low to warrant action was absurd.

The court also said that the EPA didn’t have the authority to ignore a 2011 federal court order requiring the agency to pass new perchlorate regulations.

What To Do if Your Loved One Becomes Sick From Perchlorate Exposure

If you or a loved one get sick from perchlorate exposure, you have rights. First, seek immediate medical attention. Then, contact an attorney for valuable legal advice.

FindLaw’s directory of toxic tort attorneys can connect you with qualified legal help in your area. Select your state or city to review contact and ratings information for local experts. Your search results will also link you to additional details about the attorneys’ experience with perchlorate cases. Many attorneys offer free case evaluations.