DC Circuit upholds EPA ‘forever chemicals’ Superfund rule - E&E News by POLITICO
The DC Circuit upheld the EPA's rule designating certain PFAS ('forever chemicals') as hazardous substances under Superfund, enabling the EPA to pursue cleanups and cost recovery from responsible parties.
Aforeworn detected this change in the Environmental & Emissions Compliance (EPA) space on August 18, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated High urgency. Manufacturers, power generators, chemical processors, and other entities that may have released PFAS into the environment, as well as their EHS consultants. should confirm how it applies to their specific situation before acting. There is a time constraint attached: No specific deadline provided in the excerpt; however, immediate review is advised.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Environmental & Emissions Compliance (EPA) continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
The court's decision confirms the EPA's authority to list PFAS as hazardous substances under CERCLA, meaning the EPA can now require investigation and cleanup of PFAS contamination and seek to recover costs from potentially responsible parties.
Who it affects
Manufacturers, power generators, chemical processors, and other entities that may have released PFAS into the environment, as well as their EHS consultants.
What you must do
Review operations for potential PFAS releases, assess potential liability, and begin planning for possible remediation or cost recovery actions.
Deadline
No specific deadline provided in the excerpt; however, immediate review is advised.
Never miss a change like this again
Aforeworn watches Environmental & Emissions Compliance (EPA) around the clock and alerts you the moment a rule moves — with a plain-English brief on what to do.
Start your free trialRelated changes in Environmental & Emissions Compliance (EPA)
- D.C. Circuit Upholds EPA's NSR "Project Emissions Accounting" Rule, Signals Future As-Applied Challenges - Liskow & Lewis, APLC
- Court Upholds Rule Designating Two Forever Chemicals as Hazardous Substances - Earthjustice
- EPA Repeals Greenhouse Gas Finding and Vehicle Emissions Rules - Legis1
- Draft Risk Evaluation under the Toxic Substances Control Act: Ethylene Dibromide
- Air Quality State Implementation Plans; Approvals and Promulgations: South Carolina; Control of Oxides of Nitrogen and Source Testing Requirements