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ARTICLE · 30 APRIL 2024

Earth Week 2024, Round Two – Inhance Technologies LLC v. USEPA

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Since 1983, Inhance has been fluorinating plastic containers using the same process, which involves the creation of a barrier to prevent substances from leaching out of the containers ...

United StatesEnvironment
Stephanie B. Sebor
Stephanie B. Sebor

As our Earth Week blogging event continues with our theme of Planet versus Plastics, today we will cover the U.S. Court of Appeals for the Fifth Circuit's recent decision in Inhance Technologies, L.L.C. v. U.S. Environmental Protection Agency, which relates to EPA's ability to regulate the fluorination of plastic containers under the Toxic Substances Control Act ("TSCA").

Since 1983, Inhance has been fluorinating plastic containers using the same process, which involves the creation of a barrier to prevent substances from leaching out of the containers and to keep outside substances from permeating in. EPA issued a Notice of Violation to Inhance in March 2022, alleging that Inhance's fluorination process resulted in the creation of per- and polyfluoroalkyl substances ("PFAS") in violation of TSCA. EPA's Notice of Violation offered Inhance two options: (1) change its fluorination process so that it no longer manufactured PFAS, or (2) temporarily halt the

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