WASHINGTON – A federal appeals court in a unanimous ruling this week rejected industry groups’ lawsuit challenging the Environmental Protection Agency’s “hazardous substances” designation for two “forever chemicals” known as PFAS.
The lawsuit, led by the U.S. Chamber of Commerce, challenged the Biden EPA’s 2024 rule that, for the first time, designated PFOA and PFOS as hazardous substances under the federal Superfund law, formally known as the Comprehensive Environmental Response, Compensation and Liability Act, or CERCLA. PFOA and PFOS are two of the most studied PFAS.
A three-judge panel of the D.C. Circuit, including one judge nominated by former President Barack Obama and two nominated by President Donald Trump, issued the Aug. 18 ruling. They found that the EPA acted within its CERCLA authority in making the designation. The court also found that holding polluters accountable for cleanup costs is a core purpose of the Superfund law.
The Environmental Working Group and a broad coalition of environmental, health and community advocates welcomed the designation when the EPA first proposed it, in 2022, and again when the agency finalized it, in 2024.
The rule was long overdue, considering the scale of PFAS contamination nationwide. It gives the agency new tools to address PFOA and PFOS contamination at sites throughout the U.S.
The ruling means polluters, not taxpayers, will remain on the hook for cleanup costs at sites with PFOA and PFOS contamination – something EWG and its allies have long called for.
The following is a statement from Melanie Benesh, EWG’s vice president for government affairs:
For decades, chemical giants like DuPont and 3M knew PFOA and PFOS were poisoning communities and covered it up anyway. This week, the D.C. Circuit made it clear: Companies don’t get to buy their way out of that legacy through litigation.
This ruling shuts the door on industry’s last-ditch attempt to dodge cleanup costs for two of the most notorious forever chemicals.
The science on PFAS harms has been clear for years. These chemicals are linked to weakened vaccine response, higher risk of certain cancers, thyroid disruption and harm to the developing reproductive system, even at extremely low levels.
The court didn’t just uphold a regulation. It upheld the basic principle that polluters, not taxpayers or contaminated communities, should pay to clean up the mess they make.
This isn’t the end of the fight.
With this precedent, the EPA has a clear legal path to designate the more hazardous PFAS chemicals as hazardous substances, and it should move quickly to do so.
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The Environmental Working Group (EWG) is a nonprofit, non-partisan organization that empowers people to live healthier lives in a healthier environment. Through research, advocacy and unique education tools, EWG drives consumer choice and civic action.
