AWWA issues statement following court decision on PFAS and CERCLA

The U.S. Court of Appeals for the D.C. Circuit today upheld EPA’s designation of PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund. The American Water Works Association, which was not part of the litigation, issued the following statement.

“AWWA believes that polluters should pay for environmental cleanups, not the innocent communities that have been impacted. The companies and industries that manufactured, used, and released PFAS should bear the cost of remediation; water utilities and the consumers who pay for water service should not.

“While CERCLA is designed to force polluters to clean up contaminated sites, we remain concerned that water utilities – as passive receivers of PFAS — could be exposed to significant legal and financial liability under the act. Today’s decision underscores the urgent need for Congress to grant a specific exemption for water and wastewater utilities, protecting them from claims brought by potentially responsible parties such as PFAS manufacturers. Such an exemption would help ensure CERCLA is used as intended and allow water utilities to use their limited financial resources to address aging infrastructure, cybersecurity, and many other pressing needs, while keeping water services affordable.”