Enviros appeal in bid to curb PFAS leaching from plastic barrels

By Ellie Borst | 01/02/2025 04:12 PM EST

Two groups appealed a federal court opinion rejecting their request for EPA action barring a process unintentionally creating dangerous “forever chemicals.”

Illustration with plastic bottles and PFAS compounds.

Plastics company Inhance Technologies uses a fluorination process that unintentionally creates PFAS on up to 200 million plastic barrels each year. Claudine Hellmuth/POLITICO (illustration); National Academies Press (chemical compounds); Fertnig/iStock (pesticide bottles); Freepik (green bottle)

Two environmental health groups are asking a federal appeals court to reconsider a lower court’s decision rejecting their plea for expedited action to prevent further spread of “forever chemicals” from plastic barrels.

Public Employees for Environmental Responsibility and the Center for Environmental Health filed a notice of appeal in the U.S. Circuit Court of Appeals for the D.C. Circuit on Dec. 26, two weeks after a federal district judge in D.C. rejected the groups’ request for injunctive relief.

PEER and CEH have argued that EPA has not taken adequate measures to address leaching of per- and polyfluoroalkyl substances from plastic containers into the environment, a major source of PFAS contamination.

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Chief Judge James Boasberg, an Obama appointee to the U.S. District Court for the District of Columbia, said EPA has fulfilled its duties under the Toxic Substances Control Act by granting a petition in July that initiates a rulemaking process to collect additional data on the issue.

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