Attorney warns DC Circuit ruling on PFOA/PFOS could expose agencies to new liability

Aug 25, 2026

The board's attorney summarized a DC Circuit decision upholding EPA's designation of PFOA and PFOS as hazardous under CERCLA and warned the designation could create broad liability for water and wastewater agencies, especially for biosolids management.

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Jeremy, the board's attorney, briefed directors on a recent decision by the U.S. Court of Appeals for the D.C. Circuit that rejected trade-association challenges to EPA's rule designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

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