PHOENIX — Arizona Attorney General Kris Mayes has joined a coalition of states in defending the U.S. Environmental Protection Agency’s (EPA) newly established national drinking water standards for per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals.” The legal effort, which includes attorneys general from 18 states and the District of Columbia, aims to uphold the federal rule against industry challenges in the U.S. Court of Appeals for the D.C. Circuit.
Arizona’s Support for PFAS Drinking Water Standards
“Arizona stands with states across the nation in supporting the EPA’s efforts to establish enforceable safeguards against these toxic ‘forever’ chemicals in our drinking water,” said Attorney General Mayes. “This rule is a crucial tool in addressing the widespread and long-term impacts of PFAS, ensuring that public water systems take the necessary steps to protect our communities.”
The EPA’s Federal Rule and New Standards
The federal rule, finalized in April 2024, marks the first nationwide enforceable standards for six specific PFAS compounds: PFOA, PFOS, PFHxS, GenX, PFNA, and PFBS. The rule requires public water systems to test for these chemicals and implement treatment measures if contamination levels exceed the newly established safety thresholds. Recognizing the cumulative health risks posed by PFAS mixtures, the regulation also introduces a hazard index approach to assess combined exposure levels.
Health Risks of PFAS and Environmental Concerns
PFAS chemicals have been used in a variety of industrial applications and consumer products, including firefighting foam, water-resistant fabrics, and non-stick cookware. Their persistence in the environment has led to widespread contamination of water sources across the country. Studies have linked PFAS exposure to serious health effects, including cancer, liver damage, immune system harm, and developmental issues in children.
Legal Support for the EPA’s PFAS Rule
The coalition of states filed an amicus brief in support of the EPA’s rule, arguing that it is a necessary and legally sound measure to protect public health. The brief highlights the significant body of scientific evidence demonstrating the dangers of PFAS and underscores the states’ vested interest in safeguarding their residents from these contaminants. The states also emphasize the importance of a uniform federal standard, which provides a regulatory baseline for jurisdictions that have yet to implement their own PFAS drinking water protections.
Opposition to the Rule and Industry Concerns
Opponents of the rule, including industry groups such as the American Water Works Association and the National Association of Manufacturers, have challenged the EPA’s authority to regulate PFAS in this manner. They argue that the rule imposes excessive compliance costs on water utilities and lacks sufficient scientific justification. However, the EPA and supporting states contend that the regulation is grounded in well-established toxicological research and aligns with the agency’s mandate under the Safe Drinking Water Act to prevent known health risks.
Identifying Contaminated Drinking Water Sources
Testing has already identified thousands of contaminated drinking water sources nationwide, including in Arizona. While the Bipartisan Infrastructure Law has allocated billions of dollars to help public water systems implement necessary treatment technologies, state and federal officials acknowledge that further investment will be needed to fully address the crisis.
Arizona’s Efforts to Hold Polluters Accountable
Attorney General Mayes has been a strong advocate for holding chemical manufacturers accountable for PFAS pollution. Her office has previously taken legal action against companies that knowingly contributed to water contamination, seeking financial resources to assist affected communities in remediation efforts.
Growing Support for PFAS Regulation Across States
Arizona joins a growing list of states—including Connecticut, California, New Jersey, Colorado, Delaware, Illinois, Massachusetts, New York, North Carolina, and Oregon—in supporting the EPA’s authority to regulate PFAS in drinking water. The outcome of this legal battle will have far-reaching implications for public health protections and environmental policy nationwide.
The Legal Battle and Future Implications
The case is currently pending before the U.S. Court of Appeals for the D.C. Circuit. A decision is expected later this year.
—Jeremy Webb
