Court Examines EPA's Request to Withdraw PFAS Drinking Water Regulations

Legal Proceedings Surrounding EPA’s PFAS Regulations

A federal court is set to evaluate the Environmental Protection Agency's (EPA) recent initiative to withdraw certain regulations pertaining to PFAS, a group of chemicals often used in consumer goods and known for their potential health hazards, including an increased risk of cancer.

This debate comes on the heels of the Biden administration's establishment of the first comprehensive national standards for six types of PFAS in drinking water, enacted last year. Contrarily, the Trump administration's EPA signaled its intent in May to rescind four regulations that were put in place, now seeking judicial backing to implement this rollback.

Jared Thompson, an attorney with the Natural Resources Defense Council, voiced concerns regarding the procedural adherence that should be followed in such regulatory changes. “In general, agencies have to follow the same process to undo a regulation that they have to follow to create a regulation. They have to announce what they’re going to do, solicit public comment on it,” he stated, highlighting the importance of public involvement in administrative decisions.

Further emphasizing the legal framework at play, Thompson pointed out that the Safe Drinking Water Act imposes strict limitations on the ability of the EPA to reverse decisions once a contaminant is designated for regulation. “The courts have also interpreted the Safe Drinking Water Act to not allow EPA to reverse its decision to regulate a contaminant in drinking water once EPA has decided that a contaminant needs to be regulated,” he added.

As opposition mounts, the Natural Resources Defense Council is gearing up to formally contest the Trump administration's submission to the court later this month.