EPA Continues to Seek Stay of Challenges to PFAS Regulations Amid Rollbacks

The D.C. Circuit has stayed two 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 (MCLs) in drinking water for certain PFAS chemicals. Since then, the EPA has sought, and the D.C. Circuit has granted, two additional stays in the challenge to the CERCLA regulations. The EPA indicated it was evaluating the rule and developing its strategy to address PFOA and PFOS and how to proceed in the litigation. In the lawsuit challenging the MCL designations, the EPA has sought, and the D.C. Circuit has granted, three additional stays. The EPA explained that it was still evaluating the impact on the litigation of its recent rollback of the MCLs for all PFAS other than PFOS and PFOA and the compliance deadline extension for the MCLs for PFOS and PFOA until 2031.

June 5, 2025 | American Water Works Association v. Environmental Protection Agency, No. 24-1188 (D.C. Cir.).
June 2, 2025 | Chamber of Commerce of the United States of America v. Environmental Protection Agency, No. 24-1193 (D.C. Cir.).