The group says that nanosilver has been inadequately tested and could have potentially dangerous effects on health and the environment. The EPA in December conditionally approved the use of nanosilver made by HeiQ Materials as a textile preservative for the next four years, but is requiring additional safety data.

The suit, filed in the U.S. Court of Appeals for the 9th Circuit, asks the court to set aside the EPA’s order. The Federal Insecticide, Fungicide, and Rodenticide Act allows certain challenges to agency orders to be brought at the circuit court level.