A legal challenge is pending in the D.C. Circuit Court of Appeals with respect to EPA’s April 19, 2024 final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA (discussed in the April 19 summary, below). A Petition for Review was jointly filed on June 10 by the U.S. Chamber of Commerce, the Associated General Contractors of America (AGC), and the National Waste & Recycling Association (NWRA). In that filing, the AGC describes itself as “the nation’s largest and most diverse trade association in the commercial construction industry, now representing more than 28,000 member companies,” and the NWRA is described as “the trade association representing the private sector recycling and waste industry.” 

In a Non-Binding Statement of Issues filed on July 12, Petitioners stated six claims against EPA, including failure to provide adequate notice and comment, failure to appropriately consider costs, erroneous interpretation of CERCLA, failure to provide an adequate and reasonable explanation for the rule, arbitrary and capricious agency action, and violation of the U.S. Constitution, including by imposing retroactive liability. 

Several environmental groups, including the Natural Resources Defense Council (NRDC), have filed a joint motion to intervene in the action. 

The Petition for Review can be found here, and the Non-Binding Statement of Issues here.