A federal appeals court on Tuesday upheld an Environmental Protection Agency (EPA) rule that designates two types of per- and polyfluoroalkyl substances (PFAS) as hazardous substances. The ruling allows the agency to require companies responsible for the pollution of these chemicals to pay for the cleanup of contaminated sites. The chemicals, PFOA and PFOS, are frequently referred to as "forever chemicals" because they persist in the environment for hundreds or thousands of years.
The regulation was established under the nation’s Superfund law, also known as the Comprehensive Environmental Response, Compensation, and Liability Act. The rule was developed during the Biden administration and received support from the Trump administration. However, several industry groups, including the U.S. Chamber of Commerce, challenged the rule in court, arguing that the EPA failed to adequately consider the financial costs associated with the designation.
A three-judge panel for the D.C. Circuit Court of Appeals, consisting of Judges Patricia Millet, Gregory Katsas, and Neomi Rao, ruled that the EPA's action was legal. In the court's opinion, Millet wrote that the agency had provided a reasoned explanation for the regulation despite "acknowledged uncertainties." The court found the EPA’s decision to designate the substances as hazardous was supported by the administrative record.
For residents in contaminated areas, the ruling means the federal government has confirmed authority to oversee the removal of substances linked by researchers to cancer. These individuals may see an increase in local remediation activity, such as soil or water treatment projects, as the EPA identifies and addresses sites containing these persistent chemicals. The timing of specific cleanups will depend on individual site investigations authorized by this legal confirmation.
The decision sets a precedent for how the EPA may designate other substances within the PFAS family as hazardous in the future. By upholding the agency’s right to regulate despite industry concerns over economic impact, the court has reinforced the EPA's broad authority under the Superfund law. The U.S. Chamber of Commerce indicated it is currently reviewing the decision and considering further legal options, which could include an appeal to a higher court.