The U.S. Court of Appeals for the D.C. Circuit granted EPA’s motion to lift the stay in the litigation challenging the maximum contaminant levels (MCLs) for six PFAS chemicals (PFOA, PFOS, PFHxS, PFNA, HFPO-DA commonly known as GenX, and PFBS). On August 1, the parties submitted a joint request to the Court seeking the following: 1) a deadline of September 10, 2025 for EPA to file a motion or letter clarifying its position in the litigation; and 2) a deadline of September 17, 2025 for the parties to file a proposed briefing schedule The order ends the nearly seven-month abeyance during which the court granted four extensions to allow the EPA’s new leadership time to review the rules.
As previously reported, on May 14, 2025 EPA announced its intention to retain the National Primary Drinking Water Regulations for PFOS and PFOA, while proposing to extend compliance deadlines for these standards to 2031. At the same time, the agency stated it would rescind the drinking water regulations for PFHxS, PFNA, HFPO-DA (GenX), and mixtures containing two or more of those compounds and/or PFBS and reconsider the regulatory determinations for those chemicals.
Additionally, on August 18, 2025, EPA filed an unopposed motion seeking a further 30-day extension in the litigation over the hazardous substance designation of PFOA and PFOS. This request follows several previous extensions granted by the D.C. Circuit. EPA noted that its new leadership is still reviewing the issues in this case, evaluating the rule within the broader context of EPA’s PFAS strategy, and developing its position on how to proceed.
Stay tuned for future developments.