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House subcommittee splits over Superfund liability after EPA lists PFOA, PFOS
Summary
A House Energy and Commerce subcommittee hearing Wednesday examined EPA's 2024 decision to list PFOA and PFOS as hazardous substances under CERCLA. Witnesses debated whether Congress should carve out "passive receiver" protections to shield water utilities and redevelopers from third-party suits or instead preserve polluter accountability.
The Energy and Commerce Subcommittee on Environment met to examine EPA's 2024 designation of two PFAS chemicals, PFOA and PFOS, as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly called Superfund. Chair opening remarks said the hearing would probe whether liability concerns are deterring brownfield redevelopment and whether statutory changes are needed.
Witnesses presented sharply contrasting views. Susan Bodine, a former EPA assistant administrator who has worked both at the agency and on Capitol Hill, told members that Superfund's liability framework is "not about polluter pays" and "ensnares parties with little to no responsibility for contamination," arguing that CERCLA's strict, joint and several, retroactive liability and the ubiquity of PFAS create unique legal and transaction costs. Bodine emphasized that…
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