Chevron Ruling Opens Doors in PFAS Superfund Suit, Lawyers Say

Parties challenging the EPA’s rule designating two PFAS and related chemicals to be hazardous Superfund substances have a greater chance to make their case following the US Supreme Court’s ruling that weakened agencies’ authority to interpret ambiguous statutory terms, attorneys say.

The attorneys, including a former Environmental Protection Agency official, said during an American Law Institute webinar Thursday that the high court ruling may impact recent litigation and regulatory developments affecting per- and polyfluoroalkyl substances (PFAS) and federal waste laws and regulations. The Loper Bright Enterprises v. Raimondo decision helped broaden regulatory challengers’ opportunities to fight federal agencies’ rules and ...