Court battle over EPA PFAS rule turns to procedural fight

The American Water Works Association (AWWA) and the Association of Metropolitan Water Agencies (AMWA) are urging a federal court not to split up ongoing litigation over the U.S. Environmental Protection Agency’s PFAS drinking water rule, arguing that doing so would create inefficiencies and risk inconsistent rulings.

In a recent court filing opposing a motion to sever, the utility groups contend that the legal challenges to EPA’s PFAS National Primary Drinking Water Regulation are closely intertwined and should be considered together. According to the brief, separating petitions for review into different proceedings would burden the court system and the parties involved, while potentially undermining judicial economy.

AWWA and AMWA have consistently maintained that while they support efforts to address PFAS in drinking water, EPA’s final rule raises significant implementation and cost concerns for public water systems. In their opposition, the groups reiterate that utilities face complex technical and financial obligations under the rule and argue that a unified judicial review is essential to ensure clarity and consistency for compliance planning.