ELR Citation: 54 ELR 20167
No(s). 24-2194 (JEB) (D.D.C. Dec 11, 2024) (Boasberg, J.)

A district court granted EPA's motion to dismiss a TSCA citizen suit brought by environmental groups concerning fluorination. The groups sought to compel EPA to prohibit the company's fluorination practices, which produced per- and polyfluoroalkyl substances (PFAS), a class of carcinogenic chemicals, that had been found in plastic packaging manufactured by the company. After the groups filed suit, EPA initiated a rulemaking to address the production of PFAS. EPA moved to dismiss, arguing its rulemaking mooted the groups' primary request for relief, and that the court lacked jurisdiction to adjudicate their secondary demand that the Agency seek injunctive relief until the rule is effective. The court found EPA had fulfilled any nondiscretionary duties under TSCA, and granted its motion to dismiss.