Congressmen Brett Guthrie and Gary Palmer have announced a hearing to discuss the implications of the Environmental Protection Agency’s (EPA) designation of two PFAS chemicals as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The hearing, titled “Examining the Impact of EPA’s CERCLA Designation for Two PFAS Chemistries and Potential Policy Responses to Superfund Liability Concerns,” will take place on December 18, 2025, at the Rayburn House Office Building in Washington, D.C.
The hearing aims to address concerns from stakeholders who encounter PFAS passively through activities such as waste management and water provision. “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,” said Chairmen Guthrie and Palmer. They see this as an opportunity to evaluate current laws and regulations regarding PFAS.
Lawrence W. Falbe is expected to testify on behalf of the International Council of Shopping Centers (ICSC), focusing on how this designation affects commercial real estate. The EPA’s classification has expanded potential cleanup sites due to advanced detection technologies, which may impose cleanup costs on passive receivers like shopping center owners. This has led to hesitations in real estate transactions due to fears of contamination.
Under CERCLA, landowners can be held liable for contamination even if they did not cause it. This complicates real estate transactions as Phase I Environmental Site Assessments must now consider PFAS presence, increasing costs and uncertainty for investors.
ICSC supports effective remediation but calls for legislative changes to protect passive property owners from liabilities. Their recommendations include clarifying liability definitions, strengthening protections for bona fide prospective purchasers, establishing a remediation fund, and aligning federal and state regulations.
The hearing will be open to the public and streamed online at energycommerce.house.gov. For more information or press inquiries, contact Jackson Rudden or Ben Mullany via email.
Information from this article can be found here.
