The EPA first announced its intent to roll back limits on the four chemicals in May, while vowing to retain maximum limits for two other types of PFAS. The agency said the move is meant to “provide regulatory flexibility and holistically address these contaminants in drinking water.”
However, critics accuse the EPA and Administrator Lee Zeldin—a former Republican congressman from New York with an abysmal 14% lifetime rating from the League of Conservation Voters—of trying to circumvent the Safe Drinking Water Act's robust anti-backsliding provision, which bars the EPA from rolling back any established drinking water standard.
"In essence, EPA is asking the court to do what EPA itself is not allowed to do," Earthjustice said in a statement.
"Administrator Zeldin promised to protect the American people from PFAS-contaminated drinking water, but he’s doing the opposite,” Earthjustice attorney Katherine O'Brien alleged. “Zeldin’s plan to delay and roll back the first national limits on these forever chemicals prioritizes chemical industry profits and utility companies’ bottom line over the health of children and families across the country."
Jared Thompson, a senior attorney with the Natural Resources Defense Council (NRDC), said that "the EPA’s request to jettison rules intended to keep drinking water safe from toxic PFAS forever chemicals is an attempted end run around the protections that Congress placed in the Safe Drinking Water Act."
"It is also alarming, given what we know about the health harms caused by exposure to these chemicals," Thompson added. "No one wants to drink PFAS. We will continue to defend these commonsense, lawfully enacted standards in court."
PFAS have myriad uses, from nonstick cookware to waterproof clothing to firefighting foam. Increasing use of forever chemicals has resulted in the detection of PFAS in the blood of nearly every person in the United States and around the world.
Approximately half of the U.S. population is drinking PFAS-contaminated water, “including as many as 105 million whose water violates the new standards,” according to the NRDC, which added that “the EPA has known for decades that PFAS endangers human health, including kidney and testicular cancer, liver damage, and harm to the nervous and reproductive systems.”
Betsy Southerland, a former director of the Office of Science and Technology in the EPA's Office of Water, said in a statement Friday:
The impact of these chemicals is clear. We know that this is significant for pregnant women who are drinking water contaminated with PFAS, because it can cause low birth weight in children. We know children have developmental effects from being exposed to it. We know there’s an increased incidence of cardiovascular disease and cancer with these chemicals.
Two of the four chemicals targeted in this motion are the ones that we expect to be the most prevalent, and only increasing contamination in the future. With this rollback, those standards would be gone.
Responding to Thursday's developments, Environmental Advocates NY director of clean water Rob Hayes said that "the EPA’s announcement is a big win for corporate polluters and an enormous loss for New York families."
"Administrator Zeldin wants to strip clean water protections away from millions of New Yorkers, leaving them at risk of exposure to toxic PFAS chemicals every time they turn on the tap," he added. "New Yorkers will pay the price of this disastrous plan through medical bills—and deaths—tied to kidney cancer, thyroid disease, and other harmful illnesses linked to PFAS."
While Trump administration officials including Agriculture Secretary Brooke Rollins and Health and Human Services Secretary Robert F. Kennedy Jr. have claimed they want to "make America healthy again" by ending PFAS use, the EPA is apparently moving in the opposite direction. Between April and June of this year, the agency sought approval of four new pesticides considered PFAS under a definition backed by experts.
“What we’re seeing right now is the new generation of pesticides, and it’s genuinely frightening,” Nathan Donley, the environmental health science director at the Center for Biological Diversity, told Civil Eats earlier this week. “At a time when most industries are transitioning away from PFAS, the pesticide industry is doubling down. They’re firmly in the business of selling PFAS.”
