Conservative fifth circuit overturns EPA’s ban prohibiting Inhance from using manufacturing process creating toxic compound

Conservative fifth circuit overturns EPA’s ban prohibiting Inhance from using manufacturing process creating toxic compound

Archived version: https://archive.ph/xuz0R

  • ryannathans@aussie.zone
    0·
    3 months ago

    To be fair if you actually read it the EPA invoked the wrong legislation, it should be banned but they didn’t ban in a legal manner

    • BrikoX@lemmy.zipOPMEnglish
      0·
      3 months ago

      Not really. The argument came down to the Section 5 definition of “new”, since other arguments were ignored as moot. It was a typical pro business decision that argued on semantics instead of law.

      The court even signaled that they would reject it under Section 6 if EPA were to use it due to the need “to weigh the costs to businesses and the overall economy before shutting down an ongoing manufacturing process”.

      • ryannathans@aussie.zone
        0·
        3 months ago

        If they have had this process for decades it’s not new though, the information about the harms is new. You could argue the EPA doesn’t have enough power when something is provably toxic but this ruling isn’t surprising, especially when it would create significant case law