EPA ditches ‘forever chemicals’ suit

By Ellie Borst | 05/14/2024 01:29 PM EDT

The federal government is opting to voluntarily dismiss a landmark lawsuit over PFAS in widely used fluorinated containers.

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)

EPA dropped a first-of-its-kind lawsuit against a plastics company unintentionally making “forever chemicals,” seemingly accepting defeat after a federal appellate court blocked the agency’s attempt to pause production altogether.

The federal government filed a notice Monday in the U.S. District Court for the Eastern District of Pennsylvania to voluntarily dismiss its complaint against Inhance Technologies, a Houston-based company in the business of fluorination, a process that coats the insides of plastic containers to make them more durable but also creates PFAS as a byproduct.

Inhance annually fluorinates up to 200 million containers, which hold a variety of household cleaners, pesticides, fuel or other industrial products. The fluorination process exposes consumers to PFAS, including known carcinogens.

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If the judge accepts the dismissal, it would lay to rest EPA’s involvement in a 2022 lawsuit alleging that Inhance violated the Significant New Use Rule (SNUR) under the Toxic Substances Control Act.

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