EPA Heads to Court to Defend PFAS Listing as Hazardous Substance

January 16, 2026

Read the full article by Pat Rizzuto (Bloomberg Law)

"A coalition of industry groups will square off against the EPA in a federal appeals court Jan. 20 in a dispute over the legality of the agency’s decision to designate two PFAS as hazardous Superfund substances.

The industry coalition led by the US Chamber of Commerce wants the US Court of Appeals for the District of Columbia Circuit to vacate the Environmental Protection Agency’s final rule that designated two specific “forever chemicals,” perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund law.

The EPA based that designation on its conclusion that both chemicals “may present substantial danger to public health or welfare or the environment.”