Court upholds EPA rule designating two “forever chemicals” as hazardous substances

A court on Tuesday upheld an Environmental Protection Agency rule aimed at addressing toxic “forever chemicals,” rejecting an industry challenge, The Hill reported. The decision means the EPA’s designation of two specific chemicals, known as PFOA and PFOS, remains in place, allowing the agency to rely on the hazardous-substances framework for regulatory and cleanup actions.

The EPA rule at issue, as described by The Hill, formally designates PFOA and PFOS as “hazardous substances.” The designation is significant because it is tied to additional federal authority that can be used to investigate contamination, identify responsible parties, and pursue cleanup activities at affected locations.

The Hill said the litigation centered on whether the EPA could designate the two chemicals under its governing legal authority and whether the agency’s approach could be used to support enforcement and cleanup efforts. The court’s ruling, as reported, affirmed the EPA’s authority despite the challenge brought by industry opponents of the measure.

In practical terms, The Hill reported that the designation gives the EPA more authority to investigate and clean up sites impacted by the chemicals. That includes the ability to use the hazardous-substances framework to take actions that can shift the cost and responsibility of response efforts toward those alleged to have contributed to releases.

The ruling was issued against the backdrop of continuing public-health and environmental concerns around PFAS chemicals, a class of compounds that can persist in the environment and human bodies. PFOA and PFOS are frequently cited among the most prominent members of that group, and the EPA’s designation of them as hazardous substances is intended to strengthen the federal role in addressing releases.

The Hill’s report did not specify whether the court’s decision requires immediate changes to pending cleanup or enforcement actions, but it indicated that the upheld rule continues to empower the agency’s regulatory and response capacity. As a result, the EPA’s implementation of the designation is expected to proceed under the framework the court approved.

Industry groups had challenged the rule, arguing against the EPA’s use of hazardous-substances authority for the chemicals. With the court’s decision sustaining the designation, the agency can continue to treat PFOA and PFOS as hazardous substances for purposes of investigation and cleanup actions while the affected parties consider any further legal steps available in the case.