The Nickel Report

On August 18, 2026, the D.C. Circuit upheld EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA. See Chamber of Commerce v. EPA, No. 24-1051 (D.C. Cir., Aug. 18, 2026). The court rejected industry challenges to EPA’s analysis of contamination, cleanup costs, and broader economic impacts. It held that EPA reasonably explained its decision in the face of uncertainty because CERCLA response actions are discretionary, contingent, and site-specific, with multiple procedural safeguards before liability attaches. Further discretionary review is available, but, unless and until review is sought, and the panel’s decision reversed or vacated, the designation remains in force.