Article ID: b019af80c64875a3be0c9b7f1ffc7869ea1be9ac95d0a87f68c8230f4f0d57e7
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Court upholds EPA’s hazardous designation of forever chemicals - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Court upholds EPA’s hazardous designation of forever chemicals by Richard Sine Asbestos & Environmental , Emerging Risks , General liability Aug 18, 2026 Business groups led by the U.S. Chamber of Commerce have lost their court fight against the U.S. Environmental Protection Agency over its decision to label two common industrial chemicals as hazardous. The ruling leaves intact EPA’s authority to pursue cleanup costs from companies tied to contamination by a group of chemicals known as PFAS. In Chamber of Commerce of the United States of America v. Environmental Protection Agency , a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit found that EPA “made a reasoned decision on the record in designating the forever chemicals PFOA and PFOS as hazardous substances.” The 2024 designation under the federal Superfund law exposes companies responsible for releasing the chemicals to potential cleanup liability. Perfluorooctanoic acid and perfluorooctanesulfonic acid, two of the most widely produced perfluoroalkyl and polyfluoroalkyl substances, have long been used in cookware, rain-resistant clothing and firefighting foam, among other products. The industry groups argued that the EPA misread the statute’s “may present substantial danger” standard, failed to provide adequate notice of its cost-benefit analysis and acted arbitrarily in weighing the rule’s costs and benefits. Judge Patricia Ann Millett rejected each claim, finding that the EPA’s math and reasoning withstood scrutiny. On the industry groups’ bid for a stricter reading of the law, she wrote that their proposed reading “rewrites rather than interprets the statutory text.” She was also unpersuaded by claims that regulators had shifted course without warning, noting the EPA’s added cost data merely expanded on and confirmed what had already been disclosed for public comment. “Petitioners have come forward with no evidence that those responsible for the presence of hazardous substances at a site have been unfairly saddled with liability or that the statute’s operation has hamstrung industry,” Judge Millet wrote. In passing the 2024 rule, the EPA said PFOA and PFOS have been widely detected in drinking water, fish and human blood. The agency has classified the chemicals as “likely to be carcinogenic to humans.” The Chamber of Commerce, headquartered in Washington, led the challenge alongside the American Chemistry Council, the American Fuel & Petrochemical Manufacturers, the Associated General Contractors of America, the National Waste & Recycling Association, the Recycled Materials Association and the American Forest & Paper Association. 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