American Water Works Association v. EPA (Lead and Copper Rule Improvements)
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Lead service line removal and replacement outside a home in Detroit
There is no safe level of lead in drinking water. Yet tens of millions of people in the United States drink water contaminated with lead. The biggest source of lead contamination in drinking water is lead service lines, the pipes that take the water from the water main in the street to our homes.
In 2024, the U.S. Environmental Protection Agency (EPA) issued a rule that would finally require these pipes to be removed—generally within 10 years—and protect the public from the scourge of lead-contaminated water. But the rule is under attack by a water utility trade association seeking to block it. NRDC and partner organizations are fighting to keep the rule in place.
The Safe Drinking Water Act requires the EPA to adopt a standard for lead in drinking water to protect public health. Yet until 2024, the agency's regulations for lead and drinking water were grossly inadequate. The EPA’s first regulation, the 1991 Lead and Copper Rule, had a flawed structure: Instead of placing a limit on the amount of lead allowed in tap water, it required water systems to work on reducing the amount of lead in the water only if the amount of lead in the water exceeded 15 parts per billion (ppb) at more than 10 percent of sampled consumer taps.
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The required steps theoretically included replacing some lead service lines (though there were gaping loopholes to this requirement); conducting corrosion-control treatment to make it less likely for lead from lead pipes to leach into the water; and providing public education and outreach to their consumers about lead and its health effects. But if a system’s lead levels fell below 15 ppb, the water system was no longer required to replace lead service lines even if there was still significant lead present in the water. As a result, millions of lead pipes remained in the ground, exposing more than 20 million people to lead-contaminated water.
In December 2020, the EPA, under the Trump administration, issued the Lead and Copper Rule Revisions (LCRR), an update to the 1991 rule. The LCRR not only contained the same flaws as the 1991 rule but also made it worse. According to the agency’s own analysis, it would only require water systems to replace about 5 percent of the lead service lines in the country. And rather than expediting removal of lead service lines by systems with persistently high lead levels, it extended the period for replacing them to more than 33 years.
NRDC and partners challenged the LCRR in court. After the EPA under the Biden administration said it would take the rule back and issue improvements, the case was put on hold.
The EPA issued a final Lead and Copper Rule Improvements (LCRI) regulation in October 2024. For the first time, it requires almost all water systems to remove the primary source of lead in drinking water by replacing all lead service lines within 10 years. It also provides for better lead testing requirements in homes; mandates improved corrosion-control treatment and additional public notification of lead levels above 10 parts per billion; and requires water systems to make in-home water filters available to consumers when the system repeatedly has high lead levels. Unfortunately, water utilities filed a lawsuit challenging the new rule. The court has allowed the Newburgh Clean Water Project, Sierra Club, and NRDC, working with Earthjustice, to participate as intervenors defending the rule in court.
Briefing in this case is complete, with oral argument expected to occur in Fall 2026. EPA has defended the LCRI in court. NRDC will continue to fight to keep the LCRI in place, to ensure the rule’s requirements are implemented as quickly as possible, and advocate for safe drinking water for all.
Case Documents
NRDC's Motion to Intervene, December 20, 2024 (LCR) (PDF) Petitioner's Opening Brief, August 12, 2025 (LCR) (PDF) Chamber of Commerce Amicus Brief, September 19. 2025 (LCR) (PDF) Final Brief of Respondent-Intervenors, April 17, 2026 (LCR) (PDF) Respondent EPA's Final Brief, April 17, 2026 (LCR) (PDF) Amicus Brief of State AGs, March 13, 2026 (LCR) (PDF) Amicus Brief of Green and Healthy Homes, March 13, 2026 (LCR) (PDF) Amicus Brief of BlueGreen Alliance, March 13, 2026 (LCR) (PDF) Corrected Amicus Brief of American Academy of Pediatrics, April, 2026 (LCR) (PDF)Related Content
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