A U.S. federal appeals court upheld a rule on Tuesday designating two PFAS chemicals as hazardous substances under the Superfund law [1].
The ruling ensures that the Environmental Protection Agency (EPA) can hold companies that manufacture or transport these chemicals liable for cleanup costs. This shift moves the financial burden of remediation from taxpayers to the polluters responsible for the contamination [1], [2].
The court decision, issued Aug. 18, 2026 [1], affirms a rule the EPA first established in 2024 [1]. The designation specifically applies to perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) [1]. These two chemicals [1] are part of a broader class of per- and polyfluoroalkyl substances, commonly known as "forever chemicals" because they do not break down easily in the environment or the human body [2].
Under the Superfund law, the EPA now has the authority to order responsible parties to clean up contaminated sites or reimburse the government for cleanup work [3]. This authority is critical for addressing widespread contamination in soil and drinking water across the U.S. [2].
Companies that produce or transport PFOA and PFOS are now legally obligated to fund the removal of these substances from affected areas [3]. The court's decision removes a significant legal hurdle that had challenged the EPA's ability to enforce these costs against private industry [1], [2].
Environmental advocates have long pushed for this designation to ensure that the entities profiting from the production of hazardous chemicals are the ones paying for the resulting environmental damage [3]. The ruling provides a legal mechanism to target the source of the pollution rather than relying on public funding for hazardous waste removal [1].
“A federal appeals court upheld a rule on Tuesday designating two PFAS chemicals as hazardous substances.”
This legal victory for the EPA strengthens the federal government's ability to utilize the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). By classifying PFOA and PFOS as hazardous substances, the government can now pursue aggressive cost-recovery actions against chemical manufacturers. This creates a significant financial liability for companies in the chemical and transport sectors and sets a precedent for how other synthetic pollutants may be regulated under the Superfund framework.
