Water utilities and chemical companies are challenging a recent rule from the Environmental Protection Agency that limits some PFAS, or “forever chemicals,” in drinking water. At least three lawsuits against the rule were filed in the U.S.
Court of Appeals for the D.C. Circuit this month, ahead of a June 10 deadline for submitting such challenges.
The Safe Water Drinking Act , requires parties challenging a regulation to file a petition within 45 days of its publication in the Federal Register. The lawsuits, filed by parties that may be directly or indirectly responsible for paying to remove PFAS from tap water, take aim at the EPA’s science, cost analysis, and rulemaking process. Legal experts say the pushback is expected, and it’s not yet clear how much traction these challenges will gain in court.
PFAS are a class of man-made chemicals that are used to waterproof and stainproof many products – from raincoats to mascara, couches and cooking pans. They can persist for many years in the environment. The EPA finalized a rule in April to limit the amount of six PFAS chemicals in the drinking water, citing concerns over their effect on human health.
The challenges to the rule come from trade groups representing water utilities and chemical manufacturers , and from one specific chemical company that makes PFAS, The Chemours Company. The parties have submitted three- to five-page petitions alleging that the EPA rule is “arbitrary and capricious” and exceeds the agenc.