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Court ruling sends EPA chemical ban back for review after dozens of deaths linked to paint strippers

A chemical linked to dozens of deaths will get another look from the Environmental Protection Agency after a federal appeals court struck down a 2024 ban on its commercial use.

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Channel 2 Action News first began investigating health concerns surrounding methylene chloride in 2019. The chemical is used in products including paint strippers, sealants and spot removers.

Lauren Atkins lost her son, Joshua, in 2018 after he used a paint stripper containing methylene chloride. An autopsy confirmed the cause of his death.

“There was no doubt what took my son’s life. It was methylene chloride inhalation,” Atkins said.

The EPA banned methylene chloride in 2024 under the Toxic Substances Control Act, saying the chemical posed an unreasonable risk of injury to health.

But this month, the U.S. Court of Appeals for the Fifth Circuit struck down the ban and sent the issue back to the EPA for further review after industry petitioners challenged the rule.

Liz Hitchcock with Toxic Free Future said the court is requiring the EPA to reconsider how it addresses the risks posed by the chemical.

“They’re saying the EPA has to go back and redo its remedy of the unreasonable risk posed by methylene chloride,” Hitchcock said.

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The ruling only lifted the 2024 ban on commercial use. A separate 2019 EPA prohibition on consumers purchasing products containing methylene chloride at stores remains in place.

Hitchcock said the chemical remains dangerous and warned the ruling could expose more people to health risks, including cancer, liver damage and neurological damage.

The EPA has said at least 88 people have died from acute exposure to methylene chloride since 1980.

Hitchcock said some industries continue to use the chemical because it works faster than alternatives, particularly as a paint remover.

“Methylene chloride as a paint remover is faster than the alternatives. But it is also faster at causing acute exposure effect, including death,” she said.

The EPA could take years to issue a new ruling on the chemical. Channel 2 Action News will continue to follow the issue.

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