On August 18, 2026, the U.S. Court of Appeals for the D.C. Circuit rejected industry challenges to the designation by U.S. Environmental Protection Agency (EPA) of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). The decision upholds the 2024 rule, preserving EPA’s authority to investigate releases, direct certain cleanups, and pursue recovery of response costs involving these two per- and polyfluoroalkyl substances (PFAS) compounds, often called “forever chemicals.”
Continue Reading D.C. Circuit Upholds PFAS Hazardous Substance Designation While Keeping CERCLA Risk in Focus
Comprehensive Environmental Response, Compensation, and Liability Act
EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA
On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. EPA’s rule, for the first…