American Water Works Association et al. v. EPA (“Forever Chemicals” in Tap Water)

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A person filling a glass with water from a kitchen faucet.

More than half of the U.S. population are drinking PFAS-contaminated water.

Credit: Taras Grebinets/Shutterstock

Per- and polyfluoroalkyl substances (PFAS) are a class of thousands of synthetic chemicals that are widely used in an array of consumer, commercial, and industrial products due to their ability to withstand heat and repel water and stains. Also known as “forever chemicals,” PFAS are extremely persistent in the environment and can accumulate in humans or animals. PFAS exposure is linked to many negative health effects, including but not limited to kidney and testicular cancer, liver and kidney damage, changes in hormone and lipid levels, and harm to the nervous and reproductive systems.

More than half of the U.S. population are drinking PFAS-contaminated water, and the U.S. Environmental Protection Agency (EPA) has known for decades that PFAS endangers human health. After decades of advocacy on the part of environmental and public health advocates, the EPA proposed in March 2023 to regulate six PFAS chemicals in drinking water. The agency received more than 100,000 public comments on the rule, including extensive legal and technical comments from NRDC and our partners; the vast majority of the comments were supportive of the rule.

In April 2024, the EPA finalized the rule covering six PFAS chemicals in total, setting individual limits for five PFAS chemicals and a limit on mixtures of four PFAS chemicals. The rule also requires water systems to monitor for the six regulated PFAS chemicals and publicly communicate their compliance with the new limits. In response to requests from water systems, the EPA also extended the compliance deadline for the new concentration limits to April 2029 to allow water systems more time to install new treatment infrastructure. The rule is a long overdue step to address a public health crisis that threatens millions of people nationwide.

Organizations representing the chemical industry and water utilities filed lawsuits challenging the new PFAS limits in drinking water. NRDC has intervened in the case, urging the court to keep the rule in place. We are partnering with Earthjustice, which represents some of the community organizations on the frontlines of this crisis: Buxmont Coalition for Safe Water, Clean Cape Fear, Clean Haw River, Concerned Citizens of WMEL Water Authority Grassroots, Environmental Justice Task Force, Fight for Zero, Merrimack Citizens for Clean Water, and Newburgh Clean Water Project.

The court case is underway. Following the change in Administration, EPA abandoned its previous defense of its determinations to regulate four of the six PFAS chemicals, along with the limits on those four PFAS chemicals. Briefing in this case is complete, with oral argument likely to be scheduled in Fall 2026. Although the court case is pending, EPA has nevertheless announced plans to issue new regulations rescinding the standards relating to four PFAS chemicals and delaying implementation of standards for two PFAS chemicals. NRDC and our allies will continue to fight to keep the entire rule in place and get toxic PFAS chemicals out of drinking water.

Case Documents

Motion of NRDC to Intervene in Support of Respondents, June 28, 2024 (PFAS) (PDF) Final Brief of Respondent-Intervenors, March 6, 2026 (PFAS) (PDF) Final Brief of EPA, March 6, 2026 (PFAS) (PDF) EPA's Motion for Partial Vacatur, September 11, 2025 (PFAS) (PDF) Utility Petitioners' Response in Support of Motion for Partial Vacatur, September 26, 2025 (PFAS) (PDF) Industry Petitioners' Response in Support of Motion for Partial Vacatur, September 26, 2025 (PFAS) (PDF) Respondent-Intervenors' Opposition to Motion for Partial Vacatur, September 26, 2025 (PFAS) (PDF) Amicus Brief of U.S. Chamber of Commerce, October 16, 2024 (PFAS) (PDF) Amicus Brief of Scientists, January 21, 2025 (PFAS) (PDF) Amicus Brief of State AGs, January 17, 2025 (PFAS) (PDF) Amicus Brief of Center for Environmental Health et al., January 17, 2025 (PFAS) (PDF) Court Order Denying Motion for Partial Vacatur, January 21, 2026 (PFAS) (PDF) Final Chemical Industry Opening Brief, March 6, 2026 (PFAS) (PDF) Final Utility Industry Opening Brief, March 6, 2026 (PFAS) (PDF)
Related Issues
Drinking Water Toxics Human Health

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