Forever Chemical Regulation and Accountability Act of 2026

(a) Review of final regulations and certain petitions

(1) In general. Subject to paragraphs (2) and (3), any judicial review of a final regulation promulgated pursuant to this title or a denial by the Administrator for a petition for the promulgation, amendment, or repeal of a regulation under this title shall be in accordance with this title.

(2) Limitations on bringing claims

(A) In general. A petition for the judicial review of an action of the Administrator in promulgating any regulation or requirement under this title, or the denial of any petition for the promulgation, amendment, or repeal of a regulation under this title, may only be brought—

(i) in the United States Court of Appeals for the District of Columbia; and

(ii) subject to subparagraph (B), not later than 90 days after the date on which the promulgation or denial occurred.

(B) Exception. A petition described in subparagraph (A) may be brought after the 90-day period described in clause (ii) of that subparagraph if the petition is based solely on grounds that arose after the end of that 90-day period.

(C) No review. An action of the Administrator with respect to which review could have been obtained under this subsection within the 90-day period described in subparagraph (A)(ii), but was not, shall not be subject to judicial review in any civil or criminal proceeding for enforcement of this title.

(3) Proceedings for actions for which notice and comment is required

(A) In general. With respect to a petition for the judicial review of a determination for which this title requires notice and opportunity for hearing, if the party seeking the judicial review applies to the court for leave to adduce additional evidence, and demonstrates to the satisfaction of the court that the evidence is material and that there were reasonable grounds for the failure to adduce that evidence in the proceeding before the Administrator, the court may order that—

(i) additional evidence (and any rebuttal evidence) be taken before the Administrator; and

(ii) the Administrator adduce that evidence in the hearing in such a manner and on such terms and conditions as the court determines to be appropriate.

(B) Revision. Based on any evidence adduced pursuant to subparagraph (A)(ii), the Administrator—

(i) may—

(I) modify the findings of the Administrator as to the facts; or

(II) make new findings; and

(ii) if applicable, shall file with the court—

(I) any modified or new findings made; and

(II) the recommendation of the Administrator, if any, regarding whether to modify or set aside the determination of the Administrator being reviewed.

(C) Return of evidence. On filing the findings and recommendations required under subparagraph (B)(ii), the Administrator shall return any additional evidence that had been adduced.

(b) Review of other actions

(1) In general. Any interested person may, in the court of appeals of the United States for the judicial circuit in which the person resides or transacts business, apply for review of the actions of the Administrator in carrying out any mandatory duties required under this title.

(2) Time limitations

(A) In general. Subject to subparagraph (B), an application for review under paragraph (1) shall be made not later than 90 days after the date of the applicable issuance, denial, modification, revocation, grant, or withdrawal.

(B) Exception. An application for review under paragraph (1) may be made after the date described in subparagraph (A) only if the application is based solely on grounds that arose after the end of the 90-day period described in that subparagraph.

(3) No later review. An action of the Administrator with respect to which review could have been obtained under paragraph (1) within the 90-day period described in paragraph (2)(B), but was not, shall not be subject to judicial review in any civil or criminal proceeding for enforcement of this title.

(4) Requirement. A review under paragraph (1) shall be carried out in accordance with chapter 7 of title 5, United States Code.

(c) Statutory or common law rights not restricted. Nothing in this title restricts any right that a person or class of persons may have under statutory or common law to seek enforcement of this title or to seek any other relief (including relief against the Administrator or a State agency).

(d) Nonrestriction of other rights. Nothing in this title or in any other law of the United States prohibits, excludes, or restricts any State, local, or interstate authority from bringing any enforcement action or obtaining any judicial remedy or sanction in any State or local court with respect to the manufacture or release of perfluoroalkyl or polyfluoroalkyl substances.