D.C. Circuit Upholds EPA’s CERCLA Designation of PFOA and PFOS
The D.C. Circuit has upheld EPA’s designation of two PFAS, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In Chamber of Commerce v. EPA, decided August 18, 2026, the court denied every petition challenging the designation, leaving the 2024 rule in place. What […]
EPA Stands by CERCLA PFAS Designation Amid Legal Challenge
EPA under the Trump administration will defend a rule issued by the Biden administration designating two PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the agency told the D.C. Circuit Court of Appeals on September 17, 2025. “EPA has completed its review and has decided to keep the Rule […]
EPA Requests Information on Addressing PFAS in the Environment for the Superfund Program
EPA has published a notice of proposed rulemaking, Addressing PFAS in the Environment, asking for public input, which the Agency will use to develop future per- and polyfluoroalkyl substance (PFAS) regulations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The Agency asked for information on the potential future hazardous substance designation of a […]
EPA Hosts CERCLA PFAS Enforcement Listening Sessions
In March, EPA hosted two public listening sessions requesting individual feedback regarding concerns about PFAS liability under CERCLA. The listening sessions follow the Agency’s August 2022 proposed rule, which would designate two of the most widely used PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). EPA has stated that […]
EPA Publishes ANPRM Seeking Information to Assist in Consideration of Future CERCLA Regulations Regarding PFAS
On April 13, 2023, EPA published an advance notice of proposed rulemaking (ANPRM) seeking input and data regarding potential future hazardous substance designation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of a number of PFAS substances. The ANPRM identifies PFOA, PFOS, seven other PFAS and their salts and structural isomers, precursors to […]
EPA PFAS Strategic Roadmap
EPA has compiled a roadmap outlining Key Actions to address the risks posed by PFAS. The roadmap identifies key actions under TSCA and other statutes including the Clean Water Act, the Safe Drinking Water Act, and Superfund. TSCA The roadmap calls for EPA to “close the door” on abandoned PFAS; i.e., PFAS chemicals that are […]
ATSDR Announces Development of the Set 24 Toxicological Profiles
ATSDR: On September 9, the Agency for Toxic Substances and Disease Registry (ATSDR) of the Department of Health and Human Services announced the development of the Set 24 Toxicological Profiles. According to the Federal Register notice, the profiles will be available to the public for review and comment on or about October 17, 2010. ATSDR develops these profiles […]