Multiple Lawsuits Filed Against EPA for Final PFAS Drinking Water Rule

Three petitions for lawsuits have been filed in the U.S. Court of Appeals for the D.C. Circuit against EPA for the Final PFAS National Primary Drinking Water Rule (NPDWR). The petitions were filed by water utility associations, chemical manufacturing trade groups, and Chemours, one of the chemical companies that makes PFAS.

• The petition filed by the Association of Metropolitan Water Agencies (AMWA) and the American Water Works Association (AWWA) alleges that EPA significantly underestimated nationwide costs and benefits; questions EPA’s use of a ‘Hazard Index’ in place of a Maximum Contaminant Level (MCL) for PFAS mixtures; and claims that EPA did not follow the appropriate Safe Drinking Water Act (SDWA) process by issuing a preliminary determination to regulate certain PFAS at the same time as the proposed rule.
• The petition filed by the American Chemistry Council and National Association of Manufacturers alleges that EPA exceeded its authority under the SDWA and that the rule is “arbitrary, capricious, and an abuse of discretion; and it was promulgated without observance of procedures required by law.”
• The Chemours petition claims that EPA used “unsound data” and “misuses its authority.”

These lawsuits will likely take several years to be processed. EPA and states will continue to move forward with the implementation of the Final PFAS NPDWR, unless there is a court order for EPA to stop action on the rule. For more information, read the NPR news story.