On February 15, 2024, two nonprofit environmental groups sued EPA in federal district court, seeking to obtain unredacted versions of documents related to formation of certain long-chain PFAS during fluorination of plastic containers. In Public Employees for Environmental Responsibility et al. v. Environmental Protection Agency (D.D.C. Civ. Action No. 24-00445), PEER and the Center for Environmental Health are seeking to compel production of redacted test data and other information in these documents, which were submitted by a TSCA-regulated private entity as confidential business information (CBI). PEER and CEH claim that EPA must provide unredacted copies, as the redacted material is not subject to CBI protection under TSCA Section 14 and, therefore, cannot be withheld under FOIA exemption (b)(4). Click here to view the complaint.
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Environmental Groups File Suit to Obtain Access to PFAS-Related TSCA Documents Containing Claimed CBI
"Plaintiffs are seeking documents in EPA’s possession relating to the formation of Per- and Polyfluoroalkyl Substances (“PFAS”), specifically long-chain perfluoroalkyl carboxylate (“LCPFAC”) substances, during the fluorination of plastic containers by Inhance Technologies LLC (“Inhance”)."