In Tucson, Arizona, a simmering conflict between the U.S. Air Force and the Environmental Protection Agency (EPA) has placed the health of hundreds of thousands at risk.

Despite an emergency order from the EPA demanding immediate cleanup of toxic chemicals contaminating Tucson’s drinking water, the Air Force has steadfastly refused to comply, citing a recent U.S. Supreme Court ruling that limits federal regulatory power.

 

Contamination at Tucson International Airport

The controversy centers around a 10-square-mile area in Tucson, designated as a Superfund site by the EPA in the 1980s. This designation was prompted by the discovery of significant contamination from solvents, degreasers, and other chemicals used in military and industrial operations at Tucson International Airport, Air Force Plant #44, and the Morris Air National Guard Base, reports Common Dreams.

The EPA’s recent order, issued in May 2024, demands the Air Force develop a plan to address the presence of per- and polyfluoroalkyl substances (PFAS) in the groundwater, substances often referred to as "forever chemicals" due to their persistence in the environment and human body. These chemicals, used extensively in firefighting foams and other military applications, are linked to severe health problems, including various cancers, liver damage, and developmental issues in children.

Despite these risks, the Air Force has invoked a June 2024 Supreme Court decision to justify its refusal to take action.

Supreme Court Ruling: A Shield for Polluters?

The Supreme Court's decision in *Loper Bright Enterprises v. Raimondo* overturned the decades-old "Chevron doctrine," which had previously granted federal agencies like the EPA deference in interpreting ambiguous laws. The ruling significantly curtails the regulatory power of federal agencies, shifting more authority to the courts Military.com reports.

In response to the EPA’s order, the Air Force’s legal team argued that the Supreme Court's ruling invalidates the EPA's authority to enforce its interpretation of the Safe Drinking Water Act in this case. However, environmental law experts argue that the Chevron decision pertains primarily to rule-making processes and does not directly affect the EPA's ability to enforce existing laws, according to The Guardian. Despite this, the Air Force's refusal to comply underscores a troubling trend where polluters may leverage the Supreme Court’s decision to sidestep environmental responsibilities.

 

The Impact on Tucson's Water Supply

Tucson’s water supply, which relies heavily on groundwater, faces a serious threat from PFAS contamination. While filtration systems were installed in 2014 to remove volatile organic compounds like trichloroethylene (TCE), these systems were not designed to filter out PFAS. The strain on these systems is palpable, with the risk of contaminated water breaching Tucson's drinking supply ever-present, reports PFAS Central.

The EPA has emphasized that the current filtration system is inadequate for the level of PFAS contamination present. The agency’s order calls for a new system specifically designed to remove PFAS, a project estimated to cost around $25 million—an amount that represents a mere 0.1% of the Air Force’s annual budget, according to the EPA.

In 2021, Tucson narrowly avoided a crisis when contaminated water nearly breached the filtration system, forcing the shutdown of a major well. Although the city’s water remains safe for now, the long-term risks are alarming. The EPA has since warned that the PFAS plume poses an imminent and substantial danger, given the limited alternative water sources available in the desert region.

 

Community Concerns and the Broader Implications

Local officials and residents are justifiably worried. Tucson depends on its groundwater, and any compromise in its quality could have devastating effects. As Natalie DeRoock, spokesperson for Tucson Water, told USA Today, losing access to uncontaminated water diminishes a crucial resource, adding costs and increasing reliance on external water sources, like the Colorado River, which is already overburdened.

The Air Force's stance has drawn sharp criticism from environmental advocates and legal experts alike. The EPA has made it clear that the law does not require the agency to wait until harm is already occurring. Instead, the agency is mandated to take preemptive action to prevent such harm from materializing. Yet, the Air Force continues to argue that there is no immediate threat to public health, a claim that many see as an attempt to shirk responsibility.

 

The Path Forward: Uncertain and Dangerous

As the standoff continues, the future of Tucson's water supply remains uncertain. The EPA is expected to continue its efforts to hold the Air Force accountable, but the legal and bureaucratic hurdles are formidable. The Air Force’s refusal to comply with the cleanup order not only threatens the health of Tucson's residents but also sets a dangerous precedent for how polluters might evade accountability in the future, reports Democracy Now.

This situation highlights the critical importance of robust regulatory frameworks and the need for governmental agencies to have the authority to protect public health. Without swift and decisive action, the consequences for Tucson—and potentially other communities across the nation—could be dire.

The battle over Tucson’s water is far from over, but it serves as a stark reminder of the ongoing challenges in protecting our most vital resources.

Click below and call on the Air Force to take action for human health in the face of these toxic threats!