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ARTICLE · 20 AUGUST 2026

D.C. Circuit Upholds EPA Rule Designating PFOA and PFOS as CERCLA Hazardous Substances

Beveridge & Diamond, P.C.
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The U.S. Court of Appeals for the D.C. Circuit has upheld EPA's designation of PFOA and PFOS as hazardous substances under CERCLA, rejecting industry challenges to the rule. The decision addresses critical questions about EPA's regulatory authority, cost-benefit analysis requirements, and the scope of potential liability for PFAS contamination. What does this ruling mean for companies facing potential cleanup obligations and future CERCLA litigation?

United StatesEnvironment
Nessa Horewitch Coppinger
Nessa Horewitch Coppinger
Augustus E. Winkes
Augustus E. Winkes
Alexander Y. Daniel
Alexander Y. Daniel

What Happened

On August 18, 2026, the U.S. Court of Appeals for the D.C. Circuit denied petitions for review of a 2024 U.S. Environmental Protection Agency (EPA) rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Chamber of Com. of the U.S. v. EPA, No. 24-1193 (D.C. Cir. Aug. 18, 2026). The decision leaves EPA's designation in place.

Background

CERCLA Section 102(a) directs EPA to designate as hazardous substances those "elements, compounds, mixtures, solutions, and substances" that, when released into the environment, "may present substantial danger to the public health or welfare or the environment." 42 U.S.C. § 9602(a).

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