5th Circuit Bars EPA from Enforcing PFAS Ban, Citing Administrative Procedure Act Violation
Inhance argues the EPA exceeded its authority because the company's 40-year-old fluorination process is not a "significant new use" under the Toxic Substances Control Act.
March 22, 2024 at 04:14 PM
3 minute read
The original version of this story was published on Texas Lawyer
A federal appeals court on Thursday barred the U.S. Environmental Protection Agency from enforcing orders that would have shut down a Texas manufacturer of PFAS or "forever chemicals," citing a violation of the federal Administrative Procedure Act.
The U.S. Court of Appeals for the Fifth Circuit vacated two EPA orders prohibiting Inhance Technologies LLC from manufacturing or processing long-chain perflouroalkyls or PFAS, a family of known carcinogenic chemicals not readily broken down in the environment.
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