Court Upholds EPA Rule on 'Forever Chemicals'

An appeals court has affirmed the U.S. Environmental Protection Agency's (EPA) 2024 designation of certain "forever chemicals" as hazardous substances. This critical ruling, issued by the U.S. Court of Appeals for the District of Columbia Circuit, ensures that companies involved in the production or transport of these substances remain liable for potential future cleanup expenses. The decision came after seven business groups, including the U.S. Chamber of Commerce, challenged the EPA's authority.

The EPA's 2024 rule specifically targets per- and polyfluoroalkyl substances (PFAS), commonly known as "forever chemicals," by designating two widely used compounds, PFOA and PFOS, as hazardous under the Superfund program. These chemicals, prevalent in consumer goods and industrial applications, are associated with various health issues and resist breakdown in the environment. Previously classified as "pollutants or contaminants," the new designation allows federal cleanup costs to be billed to polluters rather than public funds.

Industry challengers argued that the EPA overlooked the "enormous costs" associated with the rule and that it might incentivize excessive cleanup efforts billed to businesses. However, the D.C. Circuit panel rejected these claims, reinforcing that the Superfund law's central aim is to transfer cleanup burdens to the private parties responsible for depositing hazardous substances. Advocacy groups hailed the decision as a significant victory for communities affected by PFAS contamination.