On November 12, 2024, the NAM filed an amicus brief urging the D.C. Circuit to vacate EPA’s final rule designating PFOA and PFAS as CERCLA hazardous substances (“Superfund”). This designation requires companies to immediately report the release of the substances that meet or exceed the “reportable quantity” to the EPA. The rule also grants EPA the authority to compel parties responsible for the presence of the substances on a site to clean up the substances. This can result in extensive costs and legal fees to attempt to allocate the costs for cleanup, as any party that is potentially liable can be held liable for the entire cleanup of the site—regardless of the reason for the presence of PFAS.
We argued that EPA ignored critical elements of the cost of the rule because it informed the public that it was not considering cost but then sprang a half-baked cost-benefit analysis on the public in the final rule.