U.S. Court of Appeals for the D.C. Circuit

Chamber of Commerce of the United States of America v. EPA

August 18, 2026

Summary

The court denied petitions challenging EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA. It held that the statutory phrase permitting designation of substances that “may present substantial danger” requires a scientifically possible, serious, and real risk, not certainty; it also upheld EPA’s notice, cost-benefit analysis, and decision to regulate despite acknowledged uncertainties. The court concluded that the designation complied with statutory, constitutional, and administrative-law requirements.