ELR Citation: 53 ELR 20061
No(s). 22-3819 (JEB) (D.D.C. Apr 6, 2023) (Boasberg, J.)

A district court granted a plastics company's request to dismiss a lawsuit concerning its production of per- and polyfluoroalkyl substances (PFAS). Environmental groups argued the company violated TSCA and its implementing regulations by producing PFAS without appropriate EPA approvals. The company moved to dismiss pursuant to TSCA's diligent prosecution bar. The court found the suit was statutorily precluded because DOJ filed a separate suit based on the same conduct eight days prior to this suit. It dismissed the suit.