PFAS Observer
On April 10, 2025, at the request of the Environmental Protection Agency (EPA), the U.S. Court of Appeals for the District of Columbia Circuit extended the stay by 30 days in American Water Works Association, et al. v. EPA, No. 24-1188 (D.C. Cir. 2024) to give new leadership time to evaluate the maximum contaminant levels (MCLs) established for six PFAS under the Safe Drinking Water Act. 89 Fed. Reg. at 32,532-33; 40 C.F.R. §§ 141.900-905. The court had previously granted EPA’s February 7 request for a 60-day stay to allow for initial review of the rule. The EPA has until May 12, 2025, to file future motions in the MCL challenge.
An overturning or relaxation of the MCLs would be welcome news to public water system owners and operators, as well as industrial operations that may have contributed to any contamination causing exceedances of the standards. Additionally, insofar as MCLs serve as de facto cleanup levels for groundwater contamination, it would raise the question of what an appropriate standard for the pertinent PFAS should be.
At a higher level, there is ongoing uncertainty as to how the EPA under President Trump plans to approach PFAS regulations. The agency plans to name a new PFAS lead before taking formal action on the rule.
Meanwhile, the clock is ticking on the 60-day stay in the Chamber of Commerce of the United States of America, et al v. EPA, et al., No. 24-1193 (D.C. Cir. 2024), which involves a challenge to the designation of perfluorooctanoic acid and perfluorooctane sulfonic acid as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The EPA has until April 25, 2025, to file future motions in CERCLA challenge.