D.C. Circuit Stays Challenge to EPA’s PFAS Regulations Pending Possible Rule Change

Lawsuits brought by industry groups challenging the EPA’s recent regulation of PFAS—including its designation of PFOA and PFOS as hazardous substances under CERCLA and its final rule setting maximum contaminant levels in drinking water for six PFAS chemicals—came to a halt in February. In separate filings, the EPA asked the D.C. Circuit to hold the lawsuits in abeyance for 60 days pending its review of the regulations, which could reflect an effort by the new Administration to roll back those regulations. The D.C. Circuit granted the EPA’s requests, so both lawsuits are now stayed pending further order of the court.

February 24, 2025 | Chamber of Commerce of the United States of America v. Environmental Protection Agency, No. 24-1193 (D.C. Cir.).

February 7, 2025 | American Water Works Association v. Environmental Protection Agency, No. 24-1188 (D.C. Cir.).