Court Sets Timetable For PFAS Litigation

AMWA and AWWA’s litigation challenging EPA’s National Primary Drinking Water Regulation for PFAS continues to inch forward in the courts. Last week, the U.S. Court of Appeals announced the briefing schedule that will govern the case timetable over the next six months.

Under the order, AMWA and AWWA’s initial 13,000-word brief must be filed with the court no later than October 7. A separate group of petitioners, including the American Chemistry Council and the National Association of Manufacturers, will submit their own 13,000-word brief challenging the rule by the same deadline.

Looking ahead, EPA will file a brief with the court defending the rule by December 23, and AMWA and the other petitioners will have an opportunity to respond by February 25, 2025. The final briefs in the case will be due by March 25, 2025, and a date for oral arguments before the court will be announced later. Based on this timeframe, the court’s ruling on the litigation is likely in the late spring or early summer of 2025.

AMWA and AWWA filed a challenge to EPA’s drinking water standards for PFAS in June, alleging that the agency did not properly follow the requirements of the Safe Drinking Water Act when promulgating the rule. Both organizations have expressed support for the agency’s decision to regulate PFOA and PFOS in drinking water, but have raised concerns about EPA’s process and analyses used during the regulation’s development.

Regular updates on the case continue to be posted on AMWA’s PFAS litigation webpage.