U.S. Court upholds EPA's hazardous designation for PFAS chemicals

The U.S. Court of Appeals for the D.C. Circuit has upheld the Environmental Protection Agency’s (EPA) 2024 designation of PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

A unanimous three-judge panel rejected challenges from industry groups, including the U.S. Chamber of Commerce and the National Waste & Recycling Association. Petitioners argued the EPA failed to provide adequate public input and that the agency must prove a release will definitely cause harm rather than just potentially presenting a danger. The court disagreed, ruling that the EPA made a “reasoned decision” based on the chemicals' potential health effects, such as impacts on the cardiovascular and immune systems.

The ruling maintains the agency's authority to designate substances that “may present substantial danger to the public health or welfare or the environment.” This decision ensures that companies connected to PFAS pollution can be held liable for cleanup costs under the federal Superfund program. Industry groups had expressed concerns that broad liability could disproportionately affect “passive receivers,” such as landfill operators, by increasing operating costs and legal risks.