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Trump Administration Backs Biden-Era PFAS Hazard Designation in Court

EPA signals plans to seek passive-receiver protections.

Overview

  • Justice Department lawyers told a federal court that EPA will keep the rule designating PFOA and PFOS as hazardous substances in place.
  • The designation expands EPA authority to pursue cleanup and seek polluter payments at contaminated sites under Superfund-style tools.
  • EPA Administrator Lee Zeldin said the agency aims to hold polluters accountable while urging Congress to provide exemptions for passive receivers that did not manufacture or generate the chemicals.
  • EPA said it plans a future rule to create a uniform process for additional hazardous-substance designations that considers costs to industry.
  • Earthjustice welcomed the defense of the designations but criticized the administration’s separate plan to delay and narrow PFAS drinking-water regulations.