Following up on our previous update, the lawsuit brought by utilities challenging Maximum Contaminant Levels (“MCLs”) for PFAS in drinking water is scheduled for oral argument on Tuesday, January 20, 2026.
On January 7, 2026, the U.S. Court of Appeals for the D.C. Circuit granted Respondent-Intervenors’ unopposed motion setting the format for the oral-argument. Under the Court’s Order 20 minutes are allotted to Petitioners, American Water Works Association and others; 15 minutes to Respondent, the U.S. Environmental Protection Agency; and 5 minutes to Respondent-Intervenors, Buxmont Coalition for Safe Water, et al., and the Natural Resources Defense Council. The panel considering these consolidated cases will consist of Circuit Judges Millett, Katsas, and Rao.
We will continue monitoring this case and provide updates. The case is American Water Works Association, et al v. EPA, D.C. Cir., No. 24-1188 (consolidated with Nos. 24-1191, 24-1192)