A federal appeals court in the US has killed a ban on plastic containers contaminated with highly toxic PFAS “forever chemicals” found to leach at

US appeals court kills ban on plastic containers contaminated with PFAS

submited by

Style Pass

2024-03-30 14:30:04

A federal appeals court in the US has killed a ban on plastic containers contaminated with highly toxic PFAS “forever chemicals” found to leach at alarming levels into food, cosmetics, household cleaners, pesticides and other products across the economy.

Houston-based Inhance manufactures an estimated 200m containers annually with a process that creates, among other chemicals, PFOA, a toxic PFAS compound. The Environmental Protection Agency (EPA) in December prohibited Inhance from using the manufacturing process.

But the conservative fifth circuit court of appeals court overturned the ban. The judges did not deny the containers’ health risks, but said the EPA could not regulate the buckets under the statute it used.

The rule requires companies to alert the EPA if a new industrial process creates hazardous chemicals. Inhance has produced the containers for decades and argued that its process is not new, so it is not subject to the regulations. The EPA argued that it only became aware that Inhance’s process created PFOA in 2020, so it could be regulated as a new use, but the court disagreed.

“The court did not dispute EPA’s underlying decision that this is a danger to human health, what they did was say it’s not a new use, which I think is wrong … but this case isn’t over by any stretch,” said Kyla Bennett, a former EPA official now with the Public Employees for Environmental Responsibility (Peer) non-profit, which has intervened in legal proceedings.