D.C. Circuit Upholds EPA’s PFAS Rule in Major Win for Communities Exposed to “Forever Chemicals”

In a significant victory for public health and environmental accountability, the U.S. Court of Appeals for the D.C. Circuit upheld the EPA’s designation of PFOA and PFOS, two of the most studied PFAS “forever chemicals,” as hazardous substances under CERCLA, commonly known as the Superfund law.

PFAS chemicals have been linked to serious health conditions, including cancer, developmental harms, immune system impacts, cardiovascular effects, and reproductive complications. The court noted that EPA relied on extensive scientific research demonstrating that PFOA and PFOS may present a substantial danger to human health and the environment.

Industry groups challenged the rule, arguing that EPA exceeded its authority and failed to properly account for costs. The court rejected those arguments, emphasizing that CERCLA is designed to protect the public from dangerous substances and to ensure that cleanup costs are borne by the parties responsible for contamination rather than taxpayers. The court found EPA’s decision-making reasonable, supported by the scientific record, and consistent with the statute’s purpose.

For individuals and communities affected by PFAS contamination, this decision is important. Designation as a CERCLA hazardous substance gives EPA additional tools to investigate contamination, require responsible parties to fund cleanup efforts, and seek recovery of cleanup costs. It also strengthens legal pathways for addressing long-standing PFAS pollution that has impacted drinking water supplies, workplaces, military installations, and surrounding neighborhoods.

As PFAS litigation continues to expand nationwide, this ruling reinforces a fundamental principle of environmental law: companies that profit from hazardous chemicals should be accountable for the harm those chemicals cause. Victims of PFAS exposure should continue monitoring developments as this decision may influence future cleanup and litigation efforts across the country.

For individuals harmed by PFAS exposure, this decision may have significant implications beyond environmental regulation. In upholding EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA, the D.C. Circuit affirmed EPA’s reliance on extensive scientific evidence linking these chemicals to serious health risks, including cancer and developmental harms. While the decision does not decide any individual personal injury claim, it reflects the federal government’s continued recognition of the dangers associated with PFAS exposure and the substantial body of scientific literature supporting those concerns. That growing regulatory and scientific recognition may be relevant in toxic tort litigation as plaintiffs seek to demonstrate the hazardous nature of PFAS and hold responsible parties accountable for contamination and resulting injuries. As more contaminated sites are identified and investigated, plaintiffs may also gain access to additional evidence regarding the sources, scope, and health impacts of PFAS contamination.

If you believe that you or a loved one developed cancer or another serious illness as a result of exposure to PFAS, asbestos, benzene, silica, toxic chemicals, or other hazardous substances, contact Jaszczuk P.C. to discuss your legal rights and determine whether you may have a claim.

The case is Chamber of Commerce of the United States of America, et al. v. Environmental Protection Agency, 2026 U.S. App. LEXIS 24905 (D.C. Cir. Aug. 18, 2026)