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ARTICLE · 25 AUGUST 2026

DC Circuit Upholds EPA's PFAS Hazardous-Substance Designations Under CERCLA

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The US Court of Appeals for the DC Circuit has upheld EPA's designation of PFOA and PFOS as hazardous substances under CERCLA, rejecting industry challenges on statutory authority, procedural notice, and cost-benefit analysis grounds. This decision reinforces EPA's regulatory authority over PFAS chemicals and carries significant implications for companies involved in manufacturing, transporting, or disposing of materials containing these substances, potentially exposing them to substantial CERCLA liability

United StatesEnvironment
Dawn M. Lamparello
Dawn M. Lamparello
Maureen O'Dea Brill
Maureen O'Dea Brill
Cliff L. Rothenstein
Cliff L. Rothenstein
B. David Naidu
B. David Naidu
David L Rieser
David L Rieser
Julia A. McGowan
Julia A. McGowan

On 18 August 2026, the US Court of Appeals for the DC Circuit (the Court) denied consolidated industry petitions challenging the Environmental Protection Agency’s (EPA) 2024 designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The decision leaves the designation—and its release-reporting and potential Superfund-liability consequences—fully in place.1 See our alert (dated 7 May 2024) for more details on the final rule. 

The petitioners advanced three grounds to support the rule be vacated: (1) EPA exceeded its statutory authority in its interpretation of the term “may present substantial danger” in CERCLA’s definition of a hazardous substance, (2) EPA failed to provide adequate notice of its cost-benefit analysis, and (3) EPA allegedly acted arbitrarily by regulating despite uncertainty over future response actions and costs. The Court

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