Judges Reject Waste Sector Challenge to EPA’s PFAS Hazardous Designation

Court Declines to Overturn EPA Designation of Two ‘Forever Chemicals’

The designation expands the federal government’s power to hold parties that release chemicals into the environment liable for their cleanup under the Superfund law. (AP Photo/Joshua A. Bickel, File)A federal court on Tuesday upheld the Environmental Protection Agency’s designation of two “forever chemicals,” PFOA and PFOS, as hazardous substances.The designation expands the federal government’s power to hold parties that release chemicals into t…

Court upholds EPA rule making PFAS polluters liable for cleanup

WASHINGTON, DC — Appeals judges upheld a landmark rule that allows the U.S. Environmental Protection Agency to force polluters to clean up two widespread toxic “forever chemicals” or reimburse governments and other parties for doing so.

Judges reject waste sector challenge to EPA’s PFAS hazardous designation

The decision maintains PFOS and PFOA as hazardous substances under CERCLA. NWRA and others sued the agency in 2024, saying EPA overstepped its authority and created industry liability.