On August 18, 2026, the D.C. Circuit unanimously upheld EPA’s designation of PFOA and PFOS as “hazardous substances” under CERCLA in Chamber of Commerce v. EPA. The ruling allows EPA to use CERCLA’s cleanup and cost-recovery tools against potentially responsible parties connected to PFAS contamination.
The court also agreed that CERCLA does not require certainty that a substance will cause substantial harm. Rather, EPA may designate a substance when its release “may present substantial danger” to public health, welfare, or the environment.
👉 Takeaway: Contractors involved in demolition, remediation, waste handling, industrial work, or contaminated sites should pay closer attention to PFAS exposure, disposal practices, indemnity provisions, and environmental risk allocation. Liability is not automatic, but PFAS will likely become an increasingly important issue in project due diligence and contract negotiations.
