A recent decision by the U.S. Court of Appeals for the District of Columbia Circuit (American Water Works Association, et al. v. EPA, No. 24-1188 (D.C. Cir. 2026)) has left all six PFAS drinking water limits in EPA’s 2024 rule in place, at least for now. On January 21, the court denied the Environmental Protection Agency’s request to vacate four of the limits while litigation over the rule proceeds, preserving existing compliance obligations for water systems nationwide.

Earth & Water Law Partner, Ned Witte, was quoted in Inside PFAS Policy in its recent article, “Order Could Propel EPA Action On Rule Rescinding Limits For Four PFAS.”
 

“From a practical standpoint, the decision preserves pending implementation pressure and uncertainty for water utilities and local governments, because utilities still have to plan as though the federal requirements will remain effective unless and until EPA changes them through rulemaking or the court vacates them on the merits.”

 
The decision comes as EPA failed to meet its self-imposed deadline to rescind the regulatory determinations and maximum contaminant levels for four PFAS – HFPO-DA (GenX), PFNA, and PFHxS – as well as the hazard index for mixtures of those substances. With sampling and monitoring deadlines approaching, water utilities and local governments continue to face uncertainty about how to plan for compliance.

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You can read the full article in Inside PFAS Policy here. Access provided with permission from InsideEPA.com.
InsideEPA.com does not take positions on policy issues.