Big news in the CERCLA world: USEPA (EPA) announced it is retaining the CERCLA hazardous substance designations for PFOA and PFOS.
This follows building speculation in recent months that these designations would be revoked. The decision was confirmed in briefs filed on September 17, 2025, by the Department of Justice in the D.C. Circuit Court on behalf of EPA.
Presumably in response to pending legal challenges that the designation process for PFOA and PFOS under CERCLA section 102(a) was scientifically and legally flawed, EPA further announced it will pursue future rulemaking to establish a "uniform framework" governing the designation of any future hazardous substances under CERCLA. Beyond this, EPA Administrator Zeldin said "new statutory language from Congress to fully address our concerns" with CERCLA's liability provisions is necessary. Needless to say, any proposed amendments to CERCLA's liability provisions would be highly controversial and challenging to enact.
Particularly with respect to regulating perfluorinated compounds, or so-called "forever chemicals," this ongoing situation spotlights a key tension point between holding polluters responsible without ensnaring (innocent) "passive receivers" in CERCLA's strict liability scheme. For example, EPA cited wanting to avoid local municipalities having to "foot the bill for contamination and potentially pass those costs onto ratepayers, taxpayers, and consumers."
Given the extraordinarily low regulatory triggers associated with PFOA and PFOS, and significant public concerns about potential health effects of these chemicals, this story will continue to evolve.
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