On June 5, 2025, the U.S. Court of Appeals for the D.C. Circuit granted the EPA’s third request to continue holding in abeyance consolidated litigation challenging the agency’s national drinking water regulation for six per- and polyfluoroalkyl substances (PFAS), including PFOA and PFOS. The court’s order in American Water Works Association, et al. v. EPA, No. 24-1188, gives the agency until July 21, 2025, to advise the court how it intends to proceed.
This 45-day extension follows EPA’s May 14, 2025, announcement that it intends to retain the Maximum Contaminant Levels (MCLs) for PFOA and PFOS and support the Department of Justice in defending those standards in the pending litigation. At the same time, EPA announced plans to rescind the MCLs for PFHxS, PFNA, HFPO-DA, and mixtures containing those compounds and/or PFBS, and to reconsider the regulatory determinations for these substances. A proposed rule implementing these changes is expected this fall, with a final rule anticipated in spring 2026.
In its motion, EPA explained that the extension is necessary to allow further evaluation of how these planned changes affect the litigation. The agency acknowledged that “[t]his evaluation has taken longer than anticipated” and emphasized the need for more time to develop a proposal and confer with other parties on how to proceed. While the request was unopposed, certain petitioners and intervenors reserved their rights to oppose any future extensions and to seek to lift the abeyance, if necessary to protect their interests.
We will continue to monitor the docket as the July 21 deadline approaches and EPA finalizes its course of action.
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