Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 22 SEPTEMBER 2025

EPA Retains CERCLA Hazardous Substance Designations For PFOA And PFOS

Greenberg Glusker LLP
Greenberg Glusker LLP
Contributor
Greenberg Glusker LLP

Greenberg Glusker LLP

Overview Greenberg Glusker is a full-service law firm in Los Angeles, California with clients that...

View firm profile
Explore more from Greenberg Glusker LLP

Big news in the CERCLA world: USEPA (EPA) announced it is retaining the CERCLA hazardous substance designations for PFOA and PFOS.

United StatesEnvironment
Pete Nyquist
Pete Nyquist
Author LinkedIn connections

Big news in the CERCLA world: USEPA (EPA) announced it is retaining the CERCLA hazardous substance designations for PFOA and PFOS.

This follows building speculation in recent months that these designations would be revoked. The decision was confirmed in briefs filed on September 17, 2025, by the Department of Justice in the D.C. Circuit Court on behalf of EPA.

Presumably in response to pending legal challenges that the designation process for PFOA and PFOS under CERCLA section 102(a) was scientifically and legally flawed, EPA further announced it will pursue future rulemaking to establish a "uniform framework" governing the designation of any future hazardous substances under CERCLA. Beyond this, EPA Administrator Zeldin said "new statutory language from Congress to fully address our concerns" with CERCLA's liability provisions is necessary. Needless to say, any proposed amendments to CERCLA's liability provisions would be highly controversial and challenging

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Texas Governor Abbott Directs TCEQ To Freeze All Data Center Permits In A Whole-of-Government Action

Governor Greg Abbott has ordered the Texas Commission on Environmental Quality to immediately halt all environmental permits for data center projects, expanding a statewide regulatory freeze that now encompasses power, water, and environmental approvals. This directive establishes strict operational mandates requiring data centers to fully fund infrastructure costs, report all resource consumption...
United StatesEnvironment
Foley & Lardner LLP
Foley & Lardner LLP
Article

Governor Abbott Orders TCEQ To Pause All Permit Issuance For Data Center Projects

Governor Abbott has ordered Texas environmental regulators to halt all data center permit issuance until grid operators complete a comprehensive audit in mid-December 2026. The sweeping directive affects not only grid-connected facilities but also fully islanded data centers relying on behind-the-meter generation, creating uncertainty for developers and their contractual obligations.
United StatesEnvironment
Bracewell LLP
Bracewell LLP
Article

California SB 253: CARB Sets Nov. 10, 2026, Deadline For Scope 1 And Scope 2 Emissions Reports

California's Climate Corporate Data Accountability Act (SB 253) establishes a November 10, 2026 deadline for Scope 1 and Scope 2 greenhouse gas emissions reporting, affecting U.S.-formed entities with over $1 billion in revenue that meet California's "doing business" test—regardless of physical presence in the state. The law carries penalties up to $500,000 per reporting year for non-compliance, with mandatory program fees and future Scope 3 reporting requirements on the horizon.
United StatesEnvironment
Greenberg Traurig
Greenberg Traurig
Article

Texas Governor Directs A Halt On Data Center Permitting With State Agency Audits

Texas Governor Greg Abbott has directed state agencies to halt all data center permits until comprehensive audits assess the projects' impacts on electric infrastructure, residential ratepayers, and water resources. The directive requires data centers to fully fund necessary electric infrastructure and comply with enhanced reporting requirements, while the governor signals potential legislative action to codify new protections and phase out certain tax incentives.
United StatesEnvironment
Greenberg Traurig
Greenberg Traurig
Article

Governor Signs Seven Data Center Bills Addressing Energy And Noise Reporting, Water Use, Labor Standards, Electricity Rates, And CEQA Review

California has enacted seven unprecedented bills targeting data center development, imposing sweeping new requirements for energy reporting, water consumption assessments, labor standards, and electricity rate structures. These laws fundamentally reshape the regulatory landscape for data centers, requiring detailed disclosures at multiple project stages while prohibiting categorical CEQA exemptions and establishing new interconnection rules that shift infrastructure costs directly to developers.
United StatesEnvironment
Cox, Castle & Nicholson
Cox, Castle & Nicholson
Article

The Chemical Compound — Q3 2026

This quarterly newsletter examines critical developments in chemical regulatory law, covering litigation outcomes that reshape EPA's authority under TSCA, landmark Supreme Court decisions on pesticide labeling preemption, and emerging state and international frameworks governing PFAS and other chemicals of concern. The edition analyzes how recent Fifth Circuit rulings on methylene chloride regulations may fundamentally alter EPA's approach to risk evaluations and management rules across its entire existing
United StatesEnvironment
Arnold & Porter
Arnold & Porter
Article

CEQA Reform Qualifies For The Ballot: What To Know About The Building An Affordable California Act

California voters will decide on Proposition 45 this November, a sweeping initiative that would fundamentally reshape environmental review for housing, infrastructure, and other essential projects across the state. The Building an Affordable California Act promises faster approvals and limited judicial challenges, but faces organized opposition from labor unions and environmental groups. Will this measure succeed in streamlining development, or does it go too far in curtailing environmental protections?
United StatesEnvironment
Rutan & Tucker LLP
Rutan & Tucker LLP
Article

New EU PFHxA Limits Take Effect Amid Expanding PFAS Rules For Apparel And Textiles

Beginning October 10, 2026, the European Union will restrict certain concentrations of PFHxA and related substances in clothing and footwear, marking a significant expansion of PFAS regulations affecting the apparel and textile industry. Companies face a complex patchwork of requirements as France, Denmark, and multiple U.S. states implement their own PFAS restrictions with varying scopes, thresholds, and compliance approaches. Navigating these divergent regulations requires careful supply chain evaluation
European UnionEnvironment
Beveridge & Diamond, P.C.
Beveridge & Diamond, P.C.
Article

FDA Proposes To Modify Self-Certification Rules For "Safe" Food Ingredients

On August 10, 2026, the U.S. Department of Health and Human Services ("HHS") announced the Food and Drug Administration's ("FDA") proposed new rule to change the way food substances are regulated. Food substances include food ingredients (such as salt and citric acid) and substances added indirectly to food via packaging components like adhesives and resins.
United StatesFood, Drugs, Healthcare, Life Sciences
Greenberg Glusker LLP
Greenberg Glusker LLP