FAQ
Court Documents
Timeline of court events:
On May 13, the 5th Circuit Court of Appeals issued its final mandate vacating EPA’s Unilateral Orders, ruling that EPA acted illegally in issuing the December 2023 orders that would have prohibited Inhance Technologies from fluorinating plastic containers.
On May 13, EPA gave notice to the district courts in the Eastern District of Pennsylvania that it voluntarily dismissed its action against Inhance Technologies in its entirety.
The Fifth Circuit Court issued a unanimous decision agreeing with Inhance Technologies that the EPA acted unlawfully when it issued orders under the Toxic Substances Control Act directing Inhance Technologies to shut down its U.S. barrier technology facilities.
Inhance Technologies filed a brief in the Fifth Circuit Court responding to EPA’s petition and a request to dismiss opposing Amici filings
The Fifth Circuit Court of Appeals issued an order denying PEER and CEH’s Motion to Intervene in Inhance Technologies’ challenge to EPA’s orders. The Court also denied as moot PEER and CEH’s motion for an expedited ruling on their intervention motion.
In this opposition brief, Inhance Technologies challenged the motion of Public Employees for Environmental Responsibility (PEER) to intervene in and expedite consideration of Inhance Technologies’ petition for review.
The American Chemical Council (ACC), U.S. Chamber of Commerce, CropLife America, Household & Commercial Products Association (HCPA), and Outdoor Power Equipment Institute (OPEI) filed a brief in support of Inhance Technologies’ petition challenging EPA’s orders.
The Coalition of Responsible TSCA Implementation filed a brief in support of Inhance Technologies’ petition challenging EPA’s orders.
In this opening brief, Inhance Technologies challenged two unilateral orders issued on December 1, 2023, by the EPA.
The Fifth Circuit issued its briefing schedule for the case. Inhance Technologies’ brief is due December 22, 2023; EPA’s brief is due January 24, 2024; and Inhance Technologies’ reply brief will be due seven days after the government files its brief. Oral argument in the case is tentatively set for the week February 5, 2024.
The Fifth Circuit granted Inhance Technologies’ motion for expedited briefing and argument and a stay of the EPA orders calling for a halt on production.
Inhance Technologies submitted this motion requesting the Fifth Circuit expedite consideration of the company’s petition for review and asked the Fifth Circuit to stay EPA’s unilateral orders pending the court’s review.
In this petition, Inhance Technologies challenged two unilateral orders issued on December 1, 2023, by the United States Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA). The December 1 orders had prohibited the operation of the company’s fluorination process after February 28, 2024.
