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

The D.C. Circuit Court of Appeals on Tuesday upheld the U.S. EPA’s designation of two PFAS chemicals as hazardous substances under CERCLA. That decision refutes waste industry claims that the EPA overstepped its authority and unfairly exposed businesses to liability expenses. The National Waste & Recycling Association and other groups, including the U.S. Chamber of Commerce, sued the EPA in 2024 over the designations. NWRA and the other petitioners say the EPA didn’t offer enough time for public comment on the matter and conducted a flawed cost-benefit analysis on the designation, among other claims. The legal opinion, announced by a three-judge panel, affirms the EPA made a “reasoned decision” when designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act in 2024. The U.S. Chamber and NWRA have said they are considering next steps, but have not said whether they will appeal.

View Article