On May 17, 2024, Public Employees for Environmental Responsibility (PEER) and Center for Environmental Health (CEH) gave notice of intent to sue under section 20(a)(2) of the Toxic Substances Control Act (TSCA). This notice appears to follow in the wake of the March 21 decision by the U.S. Court of Appeals for the Fifth Circuit vacating two EPA orders issued under TSCA section 5 that prohibited Inhance Technologies LLC from manufacturing or processing PFAS during the fluorination of its plastic containers. PEER and CEH assert that EPA has a non-discretionary duty to act under TSCA section 4(f) to address the risk created by PFOA in these containers. Specifically, PEER and CEH assert that EPA has not discharged its duty to initiate action under TSCA sections 5, 6, or 7, and they request that EPA take action as soon as possible to require that Inhance cease all PFOA production during the fluorination of plastic containers.

PEER and CEH’s notice can be found here, and PEER’s press release can be found here. The March 21 decision by the Fifth Circuit can be found here.