Federal: Appeals court upholds Superfund listing of two PFAS chemicals; buyers of contaminated sites affected
The D.C. Circuit's August 18, 2026 decision denied the petitions for review, leaving PFOA and PFOS designated as hazardous substances under the federal cleanup law, with release reporting at one pound. It applies to acquisitions and redevelopments in NJ, NY, CT and PA; the court points to the statute's existing liability limits.
This is a federal decision that applies to the purchase, financing and redevelopment of contaminated property in New Jersey, New York, Connecticut and Pennsylvania. On August 18, 2026 the U.S. Court of Appeals for the D.C. Circuit decided Chamber of Commerce v. EPA, No. 24-1193, denying the petitions for review of the Environmental Protection Agency's 2024 rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and isomers, as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). The designation was published at 89 Fed. Reg. 39124 (May 8, 2024) (Docket No. EPA-HQ-OLEM-2019-0341) and took effect on July 8, 2024.
Chamber of Commerce v. EPA, No. 24-1193 (D.C. Cir. Aug. 18, 2026); 89 Fed. Reg. 39124 (May 8, 2024); 40 C.F.R. § 312.20