D.C. Circuit Upholds EPA Rule Designating PFOA and PFOS as CERCLA Hazardous Substances

On August 18, 2026, the U.S. Court of Appeals for the D.C. Circuit upheld EPA’s 2024 rule designating two widely used per- and polyfluoroalkyl substances (PFAS), perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). EPA issued the final rule in April 2024, which…

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