09/04/2026
A federal appeals court upheld the EPA’s 2024 decision to classify two widely used PFAS “forever chemicals,” PFOA and PFOS, as hazardous substances, allowing the government to hold polluters financially responsible for cleanup costs under the Superfund program rather than taxpayers. The court rejected industry arguments about the rule’s costs, ruling that shifting cleanup responsibility to companies that produce or release the chemicals aligns with the core purpose of environmental law and represents a significant victory for communities affected by PFAS contamination.
An appeals court on Tuesday upheld the U.S. Environmental Protection Agency's 2024 decision to designate some "forever chemicals" as hazardous substances, keeping the companies that make or transport the chemicals on the hook for potential cleanup costs in the future.