Conservative fifth circuit overturns EPA’s ban prohibiting Inhance from using manufacturing process creating toxic compound
A federal appeals court in the US has killed a ban on plastic containers contaminated with highly toxic PFAS “forever chemicals” found to leach at alarming levels into food, cosmetics, household cleaners, pesticides and other products across the economy.
Houston-based Inhance manufactures an estimated 200m containers annually with a process that creates, among other chemicals, PFOA, a toxic PFAS compound. The Environmental Protection Agency (EPA) in December prohibited Inhance from using the manufacturing process.
But the conservative fifth circuit court of appeals court overturned the ban. The judges did not deny the containers’ health risks, but said the EPA could not regulate the buckets under the statute it used.
The rule requires companies to alert the EPA if a new industrial process creates hazardous chemicals. Inhance has produced the containers for decades and argued that its process is not new, so it is not subject to the regulations. The EPA argued that it only became aware that Inhance’s process created PFOA in 2020, so it could be regulated as a new use, but the court disagreed.
Yeah but also can we just write a law for it, too?
I’d love too but it’s old…hands are tied
The law authorizing the FDA to regulate food covers this. Congress gave the FDA the power to make these regulations.
Don’t let anyone tell you we need a law for everything. There’s a reason why we don’t need new laws for everything toxic.
Anti-Delegation Doctrine adherents would lie to know your location.