On December 26, 2024, the Center for Environmental Health (CEH) and Public Employees for Environmental Responsibility (PEER) filed notice in the U.S. District Court for the District of Columbia that they are appealing the court’s December 11, 2024, decision dismissing their suit to the U.S. Court of Appeals for the District of Columbia Circuit. As reported in our December 17, 2024, blog item, the court dismissed a suit filed against the U.S. Environmental Protection Agency (EPA) seeking a rule under Section 6 of the Toxic Substances Control Act (TSCA) to prohibit the production of perfluorooctanoic acid (PFOA) during Inhance Technologies, LLC’s (Inhance) fluorination process. PEER v. Regan (No. 2024-2194). As noted in the court’s decision dismissing the case, before PEER and CEH filed suit, on July 10, 2024, EPA granted their April 11, 2024, TSCA Section 21 petition seeking a TSCA Section 6 rule prohibiting the manufacture, processing, use, distribution in commerce, and disposal of three per- and polyfluoroalkyl substances (PFAS) formed during the fluorination of plastic containers. The court states that it agrees with EPA that it has fulfilled any nondiscretionary duties under TSCA, and it granted EPA’s motion to dismiss. Inhance had moved to intervene in the suit, and the court denied the motion as moot. More information on the petition is available in our July 16, 2024, memorandum.
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