Industry Plans To ‘Aggressively Challenge’ EPA’s CERCLA PFAS Rule

Industry critics of EPA’s landmark proposed rule to list two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the Superfund law are signaling they will likely mount a stiff challenge to the measure, suggesting both administrative law and constitutional arguments in any legal action, according to an industry expert. The expert says that given EPA plans to consider listing thousands of additional PFAS in an upcoming advance notice for proposed rulemaking (ANPRM), industry is expected to “aggressively challenge” the...