D.C. Circuit Affirms PFOA and PFOS Hazardous Substance Designation Under CERCLA

On August 18, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued its decision in Chamber of Commerce v. EPA, No. 24-1193 (D.C. Cir. Aug. 18, 2026), upholding the U.S. Environmental Protection Agency’s (EPA) formal designation of two per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as “hazardous substances” under the federal Comprehensive Environmental Response, Compensation, and Liability Act... By: Lowenstein Sandler LLP