D.C. Circuit Rejects Challenge to EPA’s Designation of PFOA and PFOS as CERCLA Hazardous Substances – Update from Manko Gold Katcher Fox

September 11, 2026

Wesley S. Stevenson, Esq.

MGKF Litigation Blog

Last month in Chamber of Commerce of the United States of America et al. v. United States Environmental Protection Agency, the D.C. Circuit Court of Appeals denied petitions for review of the United States Environmental Protection Agency’s (“EPA’s” or the “Agency’s”) May 2024 designation of two per- and polyfluoroalkyl substances (“PFAS”) chemicals—perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”)—as “hazardous substances” (the “Designation”) under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA” or the “Act”).  The petitions were filed by industry interest groups that use, transport, or discharge PFOA and PFOS (the “Petitioners”). 

Read the full blog post.