D.C. Circuit upholds EPA designation of PFOA and PFOS as hazardous substances

The D.C. Circuit Court of Appeals has upheld the Environmental Protection Agency’s (EPA) designation of PFOA and PFOS as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

In a unanimous ruling, the court denied petitions from seven industry groups seeking to overturn the designation. This decision confirms the EPA’s authority to classify these specific PFAS compounds as hazardous, even in the absence of absolute scientific certainty.

Under the Superfund statute (CERCLA), this designation expands the EPA’s enforcement capabilities, allowing the agency to require potentially responsible parties to fund cleanups and recover costs for the remediation of PFOA and PFOS contamination, rather than placing the financial burden on the public.