Following the completion of briefing in the challenge to EPA’s rule designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), oral argument has been scheduled for Tuesday, January 20, 2026.
On January 7, 2026, the U.S. Court of Appeals for the D.C. Circuit granted Respondent-Intervenors’ unopposed motion setting the format for the oral-argument. Under the Court’s Order 20 minutes are allotted to Petitioners, Chamber of Commerce of the United States of America, et al., 15 minutes to Respondent, the U.S. Environmental Protection Agency; and 5 minutes to Respondent-Intervenors, Clean Cape Fear, Environmental Justice Task Force, Fight for Zero, Merrimack Citizens for Clean Water, and Natural Resources Defense Council. The panel considering these consolidated cases will consist of Circuit Judges Millett, Katsas, and Rao.
We will continue monitoring this case and provide updates. The case is Chamber of Commerce of the USA et al v. EPA, D.C. Cir., 24-01193 (consolidated with 24-1261, 24-1266, 24-1271, 24-1272).