D.C. Circuit Upholds EPA's CERCLA Designation of PFOS and PFOA
A reported D.C. Circuit ruling leaves PFOS and PFOA classified as CERCLA hazardous substances, restoring federal cleanup and cost-recovery exposure across PFAS value chains.
Per a single published alert, the U.S. Court of Appeals for the D.C. Circuit has upheld EPA's final hazardous-substance rule designating PFOS and PFOA under CERCLA section 304. The practical significance is that the designation reopens the full CERCLA toolkit — cost recovery, contribution, information-gathering orders, and government-funder enforcement — for two compounds used historically in foams, firefighting, metal plating, fluorochemicals, textiles, and food packaging, among many other supply chains.
For major-firm clients, the decision converts a contested regulatory position into settled federal liability. Companies with historic sites, former operators, or indemnities tied to PFAS exposure face an expanding universe of claimants: state agencies, water utilities, and private parties in cost-recovery actions, plus successors acquiring businesses or sites with legacy PFAS use. Because CERCLA liability attaches at the release level and can reach current owners, corporate transaction diligence and post-closing indemnity structuring remain central workstreams.
Sophisticated environmental and transactional counsel should watch for the mandate and timeline for EPA to address the remaining PFAS compounds under the same authority, for state parallel cost-recovery suits, and for any appellate or certiorari developments. Reporting on the specific panel composition, exact holding language, and any partial vacatur is not fully documented in the available source and should be verified against the slip opinion.