5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS

By Joseph Schaeffer and Sloane Wildman (April 5, 2024, 5:35 PM EDT) -- On March 21, the U.S. Court of Appeals for the Fifth Circuit issued an opinion in Inhance Technologies LLC v. U.S. Environmental Protection Agency that confirmed the obvious: A company that has a 40-year history of using per- and polyfluoroalkyl substances in its fluorination manufacturing process is not engaged in a "significant new use" under the Toxic Substances Control Act, or TSCA....

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