The EPA continues to advance its review of the Biden Administration’s 2024 final rule regarding drinking water standards for PFAS. On July 22, 2025, the U.S. Court of Appeals for the D.C. Circuit granted EPA’s Motion to Govern Future Proceedings, thereby lifting the existing stay on consolidated cases challenging EPA’s PFAS National Primary Drinking Water Regulation (“NPDWR”). The court also directed the parties to propose a briefing schedule and format for completing the case. On August 1, the parties submitted a joint request establishing two near-term deadlines: (1) EPA will inform the court of its position in litigation by September 10, 2025, and (2) a joint proposed briefing schedule will be filed by September 17, 2025.

As background, EPA finalized the PFAS NPDWR in April 2024, setting maximum contaminant levels for six PFAS analytes: PFOA, PFOS, PFHxS, PFNA, and HFPO-DA. Industry groups and water system stakeholders subsequently challenged the rule. In January 2025, EPA obtained an abeyance (stay) of the litigation to allow the incoming Trump Administration time to reassess its regulatory position.

Separately, after announcing proposed changes to the PFAS NPDWR on May 14, 2025, EPA held a National Drinking Water Advisory Council (“NDWAC”) meeting on July 28, 2025, to discuss the revisions. The presentation from that meeting, which was open to public comment, is available here.

Meanwhile, a related challenge—Chamber of Commerce of the United States v. EPA, Case No. 24-1193—concerning EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA, remains stayed. EPA also sought abeyance in that litigation, and the existing stay will expire on August 18, 2025.