On Thursday, the U.S. Court of Appeals for the Fifth Circuit barred the U.S. Environmental Protection Agency (EPA) from enforcing orders that would have stopped a Texas-based manufacturer from producing PFAS, commonly known as “forever chemicals,” citing a violation of the federal Administrative Procedure Act. The orders, which were issued against Inhance Technologies LLC, were aimed at prohibiting the manufacture and processing of PFAS, a group of carcinogenic chemicals noted for their persistence in the environment.
Inhance Technologies disputed the EPA’s orders, arguing that their fluorination process, which has been in place for over 40 years, does not constitute a “significant new use” under the Toxic Substances Control Act, thereby suggesting that the EPA may have overstepped its authority.
For more detailed information about the case, please, refer to the original article posted on Law.com.