TSCA Orders Face Appellate Review But EPA Enforcement Suit May Continue

Inhance Technologies is asking the U.S. Court of Appeals for the 5th Circuit to scrap EPA’s landmark TSCA orders requiring the company to halt plastic fluorination that also produces PFAS, but both sides are also aiming to continue a first-of-its-kind suit -- in a trial court in a different circuit -- over agency enforcement efforts that predate the orders’ release. As such, the parallel litigation opens the door to split rulings on key issues, such as how to define “new”...