Judges Skeptical of Claim EPA PFAS Rule Required Cost Analysis

Three judges on the DC Circuit voiced skepticism over industries’ claim that the EPA withheld critical information from the public before concluding federal Superfund law applied to two specific types of PFAS.

The US Court of Appeals for the District of Columbia Circuit heard oral arguments Tuesday in case where a coalition of industry petitioners led by the US Chamber of Commerce want the court to vacate the Environmental Protection Agency’s rule.

The EPA’s regulation made perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) hazardous substances subject to the Comprehensive Environmental ...