NEW HANOVER COUNTY — In a significant legal battle, chemical industry groups are teaming up with water utility associations to challenge federal standards for per- and polyfluoroalkyl substances (PFAS) in drinking water. This coordinated effort is coming to a head as the Environmental Protection Agency (EPA) prepares to respond to a lawsuit filed in the Washington D.C. Circuit Court of Appeals by national water utility groups, which includes the Cape Fear Public Utility Authority (CFPUA), by April 8, 2025.
The lawsuit, initiated last summer, follows the EPA's announcement of new maximum contaminant levels for six PFAS compounds, marking the first time such standards have been established. The rule mandates that public water utilities adhere to a five-year compliance schedule to achieve legally enforceable concentration levels by 2029. The American Water Works Association and the Association of Metropolitan Water Agencies argue that the costs associated with implementing PFAS filtration technology are exorbitant and unsustainable.
Emily Donovan, co-founder of Clean Cape Fear, expressed concerns over the potential implications of the lawsuit during a recent World Water Day event. "If the new administration decides not to defend the PFAS drinking water standards, we will not have any state-level enforceable PFAS standards. Many North Carolinians on public water supplies will lose those protections even though we have some of the worst PFAS pollution in the nation," she stated.
Clean Cape Fear is actively participating as an intervenor in the case, alongside over a dozen environmental groups, including Cape Fear River Watch and the Natural Resources Defense Council. Katherine O’Brien, senior attorney at Earthjustice, representing Clean Cape Fear, commented, "It’s difficult to understand their position given that their mission is to provide clean and safe drinking water. They’ve said they don’t want to pay to comply with this rule, and certainly the costs are significant. But as we explained in our briefing, there are very significant financial resources that are already available to support water utilities in complying with the rule."
CFPUA's executive director, Kenneth Waldroup, who is also a board member of the Association of Metropolitan Water Agencies, emphasized the importance of remaining engaged with utility trade groups despite disagreements over their positions on PFAS. "We are part of a number of professional trade organizations that have stances on PFAS and 1,4-dioxane that is 180 degrees away from our position," he said. "We are part of those organizations because we want to be inside them and tell them the other side."
In a joint effort, Chemours, the American Chemistry Council, and the National Association of Manufacturers are also suing the EPA alongside the water utility groups. Erik Olson, Senior Strategic Director for Health at the Natural Resources Defense Council, remarked, "It really is strange because it puts the people charging you for your drinking water in the same boat as the people contaminating your drinking water. It doesn’t add up to us."
In February, EPA administrator Lee Zeldin requested a 60-day stay on the lawsuit, citing the need for the new administration to familiarize itself with the issues presented in the case. An EPA spokesperson confirmed, "In keeping with a longstanding practice, EPA does not comment on any current or pending litigation." However, Zeldin has indicated he may consider weakening the regulations.
Concerns over the influence of industry on regulatory decisions are heightened by the background of Jessica Kramer, Trump's nominee to lead the EPA’s Office of Water, who has a history of lobbying for the water utility industry and chemical firms. Between 2022 and 2023, her lobbying firm received significant payments from various water utility associations, raising questions about potential conflicts of interest.
The American Water Works Association has a history of lobbying efforts aimed at weakening the Safe Drinking Water Act and has been involved in legal challenges to proposed regulations that would enhance water safety. Their recent technical analysis challenging the EPA's determination of PFAS toxicity was prepared by Ramboll, a global consulting firm with ties to the chemical industry.
In a broader context, the regulation of PFAS is critical due to the severe health risks associated with these chemicals, which are often referred to as "forever chemicals" due to their persistence in the environment and human body. The Wisconsin Department of Natural Resources (DNR) has also been addressing PFAS since 2019, recently discussing changes to regulations that would enforce maximum contaminant levels for PFAS in drinking water.
As of March 2025, the DNR has proposed that public water systems must monitor PFAS levels and implement corrective actions to comply with new standards set for 2029. This move aligns with the EPA's goals of ensuring safe drinking water for all Americans.
Meanwhile, in Pennsylvania, 22 water providers, including several in the Philadelphia area, have been found out of compliance with state mandates regarding PFAS. The Pennsylvania Department of Environmental Protection has reported that these providers failed to reduce PFAS levels in drinking water, with over 180 providers statewide exceeding federal limits. Advocates are calling this situation a state of emergency, urging all residents to test their water.
In light of these developments, the need for robust and enforceable PFAS regulations has never been clearer. The upcoming legal battles, alongside ongoing public health discussions, will shape the future landscape of water safety in the United States.
As the situation unfolds, the implications for public health, environmental safety, and regulatory integrity will remain at the forefront of national discussions surrounding PFAS.
