ELR Citation: 56 ELR 20062
No(s). 24-5294 (D.C. Cir. May 1, 2026)

The D.C. Circuit affirmed dismissal of a TSCA citizen suit over EPA's regulation of a class of per- and polyfluoroalkyl substances (PFAS) formed during the fluorination of plastic containers. Environmental groups sued shortly after the Agency granted their rulemaking petition to prohibit the manufacture and distribution of PFAS, including perfluorooctanoic acid (PFOA), generated during container fluorination, arguing EPA failed to perform its nondiscretionary duty under TSCA §4(f) to initiate substantive regulatory action within 180 days of receiving information concerning the risks posed by PFOA and that it was required under TSCA §7 to commence a civil action for injunctive relief against a company engaged in the fluorination process. A district court dismissed the suit, holding EPA fulfilled any nondiscretionary duty under §4(f) by publishing a request for comment and that any potential nondiscretionary duty imposed by §7(a)(2) to bring an enforcement action had not been triggered. The appellate court affirmed but on different grounds, concluding the groups failed to establish associational standing. It dismissed the suit for lack of jurisdiction.