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ARTICLE · 08 SEPTEMBER 2025

What Will EPA Do With The 2024 CERCLA PFAS Rule?

Taft, Stettinius & Hollister LLP
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EPA's stance on the 2024 PFAS Rule continues to remain in the balance. But as the clock continues to run on litigation over the Rule...

United StatesEnvironment
Thomas B. Sokolowski
Thomas B. Sokolowski
Frank J. Deveau
Frank J. Deveau
Will Gardner
Will Gardner
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EPA's stance on the 2024 PFAS Rule continues to remain in the balance. But as the clock continues to run on litigation over the Rule, EPA may be forced to provide a conclusion in the near future.

The Rule

On May 8, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule designating two widely used per-and polyfluoroalkyl substances (PFAS) —perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Notably, the Rule was the first time EPA used CERCLA section 102 to list hazardous substances by regulation. The Rule became effective July 8, 2024.

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