Articles Posted in CERCLA/Superfund

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On August 18, 2026, a unanimous panel of the U.S. Court of Appeals for the D.C. Circuit upheld EPA’s designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). In Chamber of Commerce of the United States v. EPA, the court rejected challenges to EPA’s interpretation of CERCLA Section 102(a), the adequacy of its notice and comment process, its analysis of costs and benefits, and its decision to proceed despite uncertainty about future response actions and costs.

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On August 18, 2026, a unanimous panel of the U.S. Court of Appeals for the D.C. Circuit upheld the 2024 designation by the U.S. Environmental Protection Agency (EPA) of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). (See Chamber of Commerce of the United States of America, et al. v. EPA, No. 24-1193 (D.C. Cir. Aug. 18, 2026).)

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There has been a flurry of recent federal activity regarding PFAS on the part of the U.S. Environmental Protection Agency (EPA). EPA has doubled down on certain regulatory fronts, defending key hazardous substance designations for PFOA and PFOS, while simultaneously scaling back certain PFAS drinking water limits. These developments, together with EPA’s latest Unified Regulatory Agenda, reveal a more targeted approach to PFAS regulation in certain respects while, on the whole, continuing the march toward increased governmental obligations.

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On July 22, 2025, the U.S. Court of Appeals for the District of Columbia (D.C.) Circuit granted a motion by the Environmental Protection Agency (EPA) to lift the abeyance in consolidated litigation challenging the agency’s National Primary Drinking Water Regulation (NPDWR) for PFAS, finalized by the Biden administration in April of 2024.

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In March, EPA Administrator Lee Zeldin addressed top state environmental officials, highlighting the Agency’s priorities for the year ahead. Without committing the EPA to an official stance, Zeldin reaffirmed his commitment to “cooperative federalism” by engaging with states on environmental challenges ranging from per- and polyfluoroalkyl substances (PFAS) to permitting reform at the Environmental Council of States Spring Meeting. At the meeting, Zeldin told state officials the EPA is in the process of figuring out how to best address concerns coming from water utilities regarding the timing and funding of the substantial infrastructure investment required to meet the Biden-era PFAS standards.

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Maryland has filed suit against W.L. Gore & Associates (Gore), a downstream user of PFAS-containing materials, alleging that its manufacturing processes contributed to PFAS contamination through its use of polytetrafluoroethylene (PTFE), including Teflon®-branded PTFE. The complaint asserts that Gore sourced PTFE from E.I. DuPont de Nemours and Company (DuPont) and Chemours Company—two PFAS manufacturers already facing lawsuits from Maryland—and used it to manufacture expanded PTFE (ePTFE), a microporous material incorporated into various products, including GORE-TEX® breathable, water-resistant fabrics used in outdoor and athletic apparel.

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With 2024 winding down and a change of presidential administration imminent, it is worthwhile to consider the state of EPA’s efforts to regulate per- and polyfluoroalkyl substances (PFAS). In this connection, EPA recently released its third annual Progress Report on the Agency’s 2021 PFAS Strategic Roadmap. This most recent report, which comes in the waning months of the Biden administration, highlights key EPA accomplishments in addressing PFAS over the past year and identifies areas for continued action in the months and years to come. However, it remains to be seen whether the second Trump administration will follow through on these action items.

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On April 19, 2024, the Environmental Protection Agency (EPA) finalized its long-awaited rule designating two PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund). The final rule will take effect 60 days after EPA publishes it in the Federal Register.

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The Biden Administration is continuing its efforts to regulate per- and polyfluoroalkyl substances (PFAS). On April 15, 2024, the White House Office of Management and Budget (OMB) completed its review of an Environmental Protection Agency (EPA) proposal designating two PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

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The Environmental Protection Agency (EPA) is continuing its push to regulate per- and polyfluoroalkyl substances (PFAS). Just last week, the agency’s revised PFAS regulations under the Safe Drinking Water Act (SDWA) cleared a key regulatory hurdle and could be finalized in the very near future. Similarly, the agency continues to review stakeholder comments on its proposal to designate two PFAS compounds as hazardous substances, under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or “Superfund”), and a recent Congressional hearing on EPA’s proposal signals continued interest from Capitol Hill on PFAS issues. EPA also faces a looming deadline; the agency must finalize rules by mid-May or else risk the possibility of the 2024 election causing a change in administration and control of Congress, leading to repeal of rules under the Congressional Review Act (CRA).

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