The Impact of EPA’s CERCLA Designation for Two PFAS Chemistries and Potential Policy Responses to Superfund Liability Concerns

House Energy and Commerce Committee
   Environment Subcommittee
2123 Rayburn

12/18/2025 at 10:00AM

Subcommittee hearing.

Federal actions have caused concerns about potential liability in the wake of EPA’s designation of two PFAS chemicals as hazardous substances under the Superfund law, the Comprehensive Environmental Response, Compensation, and Liability (CERCLA) Act. This hearing is an opportunity to assess the current statutory and regulatory landscape for PFAS and consider what steps Congress may need to take to respond to these concerns.

Witnesses:

  • Susan Bodine, Esq., Partner, Earth & Water Law
  • Lawrence W. Falbe, Esq., Chair, International Council of Shopping Centers Environmental and Land Use Policy Committee
  • G. Tracy Mehan, Executive Director, Government Affairs, American Water Works Association
  • Emily Donovan, Co-Founder, Clean Cape Fear

The prepared testimony of Bodine, a George W. Bush EPA official and corporate polluter lawyer and lobbyist, questions the risks of PFOA and PFAS (“I don’t believe anyone would argue that PFOA and PFOS are benign. But, it is possible that EPA has overstated the risks through its selection of critical effects and studies”), criticizes CERCLA (“draconian consequences”), and recommends shielding “inadvertent parties” from Superfund liability, saying Superfund is sufficiently capitalized (“the EPA Superfund program is now funded at historically high levels and can take action to address any actual health risks caused by releases associated with an exempt party”).

The prepared testimony of Falbe, a corporate polluter lobbyist and lawyer, claims a “chilling effect on real estate transactions and development” because “CERCLA’s strict, joint-and-several, retroactive liability framework—applied to ubiquitous legacy chemicals—will unintentionally shift cleanup costs onto passive receivers - like shopping center owners and small businesses.” His testimony also calls CERCLA “draconian.” Falbe calls for a “‘passive receiver’ exemption” from Superfund liability for “real estate owners, particularly in the retail sector.”

The prepared testimony of Mehan calls for an “exemption for water and wastewater utilities” from Superfund liability for PFAS, specifically H.R. 1267, the Water Systems PFAS Liability Protection Act.

Donovan, who is a member of the National PFAS Contamination Coalition, testified in opposition of CERCLA exemptions.