A federal appeals court has given EPA the go-ahead to continue going after polluters to pay for “forever chemicals” cleanups.
In a unanimous ruling issued Tuesday, the U.S. Court of Appeals for the District of Columbia Circuit upheld the agency’s designation of two PFAS as hazardous substances under the Superfund law, rejecting a challenge from industry interests and keeping polluters on the hook for remediation costs.
Seven industry trade groups, led by the U.S. Chamber of Commerce, had argued that EPA overstated the risks of the two chemicals and conducted a faulty cost-benefit analysis. The three-judge panel rejected each of the claims.
“In short, EPA fairly considered the Chamber of Commerce’s proposals and reasonably rejected them based in part on its factfinding and experienced judgment,” wrote Judge Patricia Millett, an Obama appointee. Judges Gregory Katsas and Neomi Rao, both appointed by President Donald Trump, joined.
