DOJ’s TSCA Case Takes Precedence

A District of Columbia district judge recently dismissed a citizens enforcement action brought by two environmental non-profit groups against Inhance Technologies USA for its alleged violations of the Toxic Substances Control Act (TSCA).  Specifically, the non-profit groups alleged that Inhance—a plastics company that specializes in fluorinating plastic storage containers—violated, and continues to violate, TSCA because Inhance allegedly produces PFAS as part of its fluorination process without first completing the regulatory process necessary to produce PFAS.  The district court, however, concluded that the citizens suit should be dismissed, without prejudice, because TSCA does not permit a citizens suit where, as here, the Department of Justice was diligently prosecuting a previously-filed lawsuit pursuing the same violations.  The district court left open the possibility that the non-profit groups could re-file their suit if the Department of Justice’s conduct suggests that it is no longer diligently pursuing its case.

Center for Environmental Health et al. v. Inhance Technologies USA, No. 1:22-cv-03819 (D.D.C. Apr. 6, 2023). 

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