D.C. Circuit Upholds EPA's PFAS Hazardous Substance Listing
The D.C. Circuit ruled in favor of EPA's decision to list PFAS as hazardous substances under CERCLA.
Why it matters: This ruling confirms EPA's regulatory power over PFAS, impacting compliance and liability for corporations and legal professionals managing environmental risks.
- On August 19, 2026, the D.C. Circuit Court upheld EPA's PFAS listing under CERCLA.
- EPA's authority over emerging contaminants like PFAS is now legally reinforced.
- In June 2026, Chemours agreed to a $450 million settlement over PFAS discharges in multiple states.
- The settlement includes a $22.5 million civil penalty and $90 million for PFAS control and remediation programs.
On August 19, 2026, the D.C. Circuit Court upheld the Environmental Protection Agency’s decision to list per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This affirmation cements the EPA's authority to regulate emerging contaminants like PFAS, which are persistent pollutants often called "forever chemicals."
The ruling is a pivotal moment for environmental legal frameworks, supporting effective regulation and holding polluters accountable. Jeffrey A. Hall, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance, emphasized, “By appropriately employing the full suite of existing legal authorities, we can greatly reduce PFAS contamination of water, land, and air and even begin to mitigate past harm.”
Earlier in June 2026, the EPA, alongside the Department of Justice and the West Virginia Department of Environmental Protection, announced a landmark $450 million settlement with Chemours related to PFAS discharges from facilities in West Virginia, North Carolina, and New Jersey. The settlement includes a $22.5 million civil penalty and $90 million dedicated to controlling PFAS discharges and removing the substances from drinking water. As Adam Gustafson, Principal Deputy Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division, noted, “This landmark settlement shows the Administration’s commitment to protecting the public from harmful pollution.”
These legal victories come amid ongoing EPA measures, including a May 2026 proposal to rescind regulatory determinations and drinking water limits for certain PFAS compounds now regulated with enforceable Maximum Contaminant Levels (MCLs) of 10 parts per trillion.
This suite of legal and regulatory actions collectively shapes the evolving management of PFAS contamination, reinforcing the obligation for corporations to comply with environmental standards and prepare for potential liabilities.
By the numbers:
- $450 million — total Chemours settlement for PFAS discharges
- $22.5 million — civil penalty paid by Chemours
- 10 parts per trillion — current enforceable Maximum Contaminant Levels for select PFAS compounds
What's next: The EPA’s proposed rescission of certain PFAS drinking water regulations is pending, with implications for water systems exceeding current limits.