EPA seeks extension in lawsuit over drinking water limits on PFAS
The U.S. Environmental Protection Agency (EPA) asked a federal court for more time in a lawsuit challenging the agency’s drinking water limits on per- and polyfluoroalkyl substances. Neither petitioners nor intervenors in the lawsuit opposed the agency’s request for an extension of 30 days.
This comes after the EPA was granted a 60-day pause on February 7, 2025, by the US Court of Appeals for the District of Columbia Circuit, which allowed the EPA’s new leadership to familiarize itself with the issues in the litigation.
The lawsuit was filed by the American Water Works Association (AWWA) and the Association of Metropolitan Water Agencies (AMWA) on October 7, 2024.
“In its PFAS rule, EPA departed from the fundamental requirements of the Safe Drinking Water Act by truncating the rulemaking process, curtailing distinct opportunities for public comment, and employing a novel equation rather than a clearly defined measurement as a standard for certain PFAS,” said AWWA CEO David LaFrance and AMWA CEO Tom Dobbins in a statement. “In its effort to move quickly, EPA failed to consider critical data that would have resulted in a more scientifically defensible regulation.”
Speculation arose whether the EPA would keep or roll back the Biden-era rulings. The court hearings give the EPA an opportunity to update its stances on the rules.
The agency will have another 30-day window to familiarize itself with the issues.
According to reporting from The Guardian, the agency is allegedly planning to change the way it carries out chemical risk evaluations, which could potentially supersede the way states perform checks on toxic chemicals found in consumer products. If the plan moves forward, it could disrupt the bans on PFAS chemicals and other harmful compounds found in consumer goods.