5th Circuit Curbs TSCA ‘New Use’ Authority In Landmark SNUR Challenge

The U.S. Court of Appeals for the 5th Circuit is adopting a narrow reading of EPA’s TSCA power to craft significant new use rules (SNURs), holding that freshly discovered PFAS contamination from a decades-old plastic fluorination process is not “new” under the law and cannot be limited by a Trump-era SNUR. In a unanimous March 21 decision , a three-judge panel overturned EPA’s closely watched Toxic Substances Control Act (TSCA) orders directing the plastics maker Inhance to halt use of...