EPA Retains PFAS Designations While Flagging Liability Fixes

After months of speculation on where the agency would land on the issue, the U.S. Environmental Protection Agency announced on September 17 that it will retain the Biden administration’s 2024 final rule that designates PFOA and PFOS as CERCLA hazardous substances. The U.S. Chamber of Commerce and other business groups challenged the designation, and Trump’s EPA requested multiple stays in the legal proceeding while it reviewed it. The announcement signals that EPA will formally defend the designation. The rule took effect July 8, 2024.

The agency also acknowledged that passive receivers (entities/property owners that never manufactured or intentionally used PFAS) could still face CERCLA liability and said a statutory fix will ultimately require congressional action.

What Does This Mean For Brownfields?

In May 2025 congressional testimony, Michael Goldstein, Managing Partner of The Goldstein Environmental Law Firm, explained that PFAS is already complicating brownfields redevelopment and voluntary cleanup efforts and could stall projects nationwide.

He urged Congress to adopt a narrow PFAS exemption under CERCLA for parties operating under state brownfield or voluntary cleanup agreements, paired with protections from cost recovery claims, NPL listing, and RCRA citizen suits. His proposal centers on keeping PFAS-impacted properties in the redevelopment pipeline.