Last week the U.S. Court of Appeals for the D.C. Circuit granted a request by EPA to pause action in AMWA and AWWA’s legal challenge to the agency’s National Primary Drinking Water Regulations for several PFAS for an additional 30 days, to give the administration additional time to review the litigation and the underlying rule.
AMWA and AWWA filed the litigation last year, and on February 7 the court granted an initial 60-day abeyance so the new administration could review the case and decide on a path forward. That abeyance expired on April 8, triggering EPA to request an additional 30 days, which was uncontested by the other parties in the case. The court granted EPA’s request last week.
As a result of the extension, the next motion to govern in the case is due on May 12. At that point, EPA could announce its plans for defending the rule going forward, or request a further delay.