EPA Overstepped its Authority in PFAS Order: Appeals Court

Coastal-Review.org by Jennifer Allen

New Orleans, LA – A federal appeals court has ruled that the Environmental Protection Agency overstepped its statutory authority when it ordered a Texas-based company to stop creating long-lasting toxic chemicals while manufacturing plastic containers. The three judges for the 5th U.S. Circuit Court of Appeals in New Orleans filed their unanimous decision Thursday, vacating the two orders the EPA had issued Dec. 1, 2023. 

The orders under the authority of the Toxic Substances Control Act, Section 5, directed Inhance Technologies LLC in Houston not to create per-and-polyfluoroalkyl substances, or PFAS, as a byproduct during production of fluorinated high-density polyethylene, or HDPE, plastic containers. The containers are used to store products such as pesticides, fuel and automotive liquids. For full text, click here.