EPA's stance on the 2024 PFAS Rule continues to remain in the balance. But as the clock continues to run on litigation over the Rule, EPA may be forced to provide a conclusion in the near future.
The Rule
On May 8, 2024, the U.S. Environmental Protection Agency (EPA) published a final 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). Notably, the Rule was the first time EPA used CERCLA section 102 to list hazardous substances by regulation. The Rule became effective July 8, 2024.
Challenges to the Rule
The U.S. Chamber of Commerce and various industry groups filed a petition on July 10, 2024, in the U.S. Court of Appeals for the District of Columbia Circuit challenging the Rule. Chamber of Commerce of the United States of America, et al v. EPA, et al., Case No. 24-1193 (D.C. Cir. 2024). In the most recent filing in the case through August 20, 2025, the U.S. Court of Appeals for the D.C. Circuit granted EPA's fifth unopposed motion for a 30-day stay extension of the stay of the litigation. The request follows in a series of extensions already granted by the appellate court since the Trump administration began participating in early 2025, including on February 24, April 30, June 2, and July 11. The stated purpose of the continuing stay is to allow EPA leadership additional time to finalize its legal position on the Rule. Now, with a September 17 deadline to tell the U.S. Court of Appeals for the District of Columbia Circuit how it plans to proceed on industry's challenge to the Rule, it appears that EPA will soon be forced to confirm its position.
Despite the ongoing Rule challenge, states and other entities have already cited the Rule in their filings of cost recovery claims under CERCLA's section 106 in efforts to recoup costs from potentially liable parties for PFAS cleanups.
Possible Outcomes
Considering that EPA has, for several months, been punting on whether to uphold the 2024 rule, it could be a signal that the Agency is steering toward reversing its planned support for the Rule. In this regard, the New York Times reported that Steven Cook, principal deputy assistant administrator in the Office of Land and Emergency Management (OLEM), recently met with industry parties challenging the Rule and, the following business day, OLEM revised a recommendation on the Rule to suggest repealing it, rather than supporting it.
In contrast to these recent signals, EPA Administrator Lee Zeldin suggested support for the Rule as recently as April 28, 2025, when he announced support for maintaining the "polluter pays" model with respect to PFAS, while noting plans for targeted liability carveouts for so-called "passive receivers."
Nevertheless, the issue remains the subject of litigation, and as indicated in documents filed with the court, no decisions have been made, and Administrator Zeldin has yet to publicly confirm his decision on the future of the Rule.
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