Fifth Circuit Unanimously Rules In Favor of Inhance Technologies

Decision invalidates EPA’s orders, secures continued operation of company’s barrier technology facilities across the U.S., and safeguards critical industries reliant on its environmentally beneficial technology

HOUSTON, March 22, 2024 – Yesterday, the United States Court of Appeals for the Fifth Circuit issued a decision agreeing with Inhance Technologies that the United States Environmental Protection Agency (EPA) acted unlawfully when it issued orders under the Toxic Substances Control Act directing Inhance Technologies to shut down its barrier technology facilities. The Court’s decision is a decisive victory for Inhance Technologies as it vacates EPA’s orders, secures the continued operations of Inhance Technologies’ 11 U.S.-based barrier technology facilities, and averts disruption to downstream industries and related supply chain impacts.  

“I am exceedingly pleased with the ruling and grateful to our customers and employees for their resilience, dedication, and support,” said Andrew Thompson, President and Chief Executive Officer of Inhance Technologies. “We are very excited to continue to service our customers with our excellent team and technologies, which keep thousands of tons of harmful chemicals and fuels out of the environment, preserve product quality, and ensure compliance with many global regulations – all in a recyclable container.”

In its ruling invalidating the orders, the Court agreed with Inhance Technologies that the EPA lacked the statutory authority to issue the orders. 

Inhance Technologies is compliant with all applicable regulations and committed to continuing its significant research and development program to voluntarily implement measures to reduce the potential for unintentional PFAS impurity formation. 

Regulatory Background
Under the Toxic Substances Control Act (TSCA), EPA may regulate a new use only if (1) the use is new (i.e., not ongoing) and (2) the new use is subject to its Significant New Use Rule (SNUR), which was never intended to cover uses that existed at the time the SNUR was proposed in 2015. 

About Inhance Technologies and its Fluorination Processes
Inhance Technologies, a Responsible Care™ company, has served customers with its fluorination technology for 40 years and is committed to safe operations that are protective of its workers, local communities, the public, and the environment. Fluorinated barrier packaging is critical in protecting the environment by preventing permeation of container contents through evaporative emissions. Inhance Technologies’ barrier technology annually prevents more than 25,000 metric tons of chemicals from being released into the environment that would otherwise occur due to packaging permeation. Sectors that heavily rely on Inhance Technologies’ fluorination technology include crop protection, healthcare, national defense, aerospace, and fuel systems.

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