Judges signal support for ‘forever chemicals’ Superfund rule

By Ellie Borst | E&E News | January 21, 2026

Read the full article by Ellie Borst (E&E)

“Judges appeared ready to back EPA’s decision to designate two ‘forever chemicals’ as hazardous under the federal Superfund law, keeping polluters on the hook for cleanups.

During oral arguments in the U.S. Court of Appeals for the District of Columbia Circuit on Tuesday, the three-judge panel weighed arguments that EPA didn’t do enough to consider the costs the rule would impose on businesses.

That rule, one of the few Biden-era rules the Trump administration has said it will defend, adds PFOA and PFOS — two of the most-studied chemicals in the PFAS, or per- and polyfluoroalkyl substances, family — to its list of ‘hazardous substances’ under the Superfund law.

‘The only question before us is could they [EPA] permissibly designate these chemicals as hazardous. And, they look at the science, and you haven’t contested any of this,’ said Judge Gregory Katsas, a Trump appointee.”…

This content provided by the PFAS Project.