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).)
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.
PFAS Observer