Clean Water Current

In a long-awaited decision, the U.S. District Court for the District of Columbia this week dismissed all claims brought by environmental group the Public Employees for Environmental Responsibility (PEER) seeking to force the U.S. Environmental Protection Agency (EPA) to prematurely issue regulations for certain PFAS in biosolids. 

Agreeing with arguments made by NACWA and the U.S. Department of Justice on behalf of EPA, the court held that the Clean Water Act does not require EPA to identify and regulate new pollutants in biosolids within a particular timeframe. The court also held that EPA’s failure to list new pollutants in biosolids as potentially toxic to human health or the environment does not constitute a “final” agency action subject to court challenges.   

NACWA fought to intervene in the litigation over PEER’s strenuous objections to ensure that the voice of the public clean water utilities responsible for managing biosolids every day was heard by the court, and to try to prevent biosolids regulations from being promulgated as a result of piecemeal private lawsuits rather than well-established, transparent Clean Water Act processes.   

The decision, which was covered by Law360, represents a major win for the sector, as it will allow EPA to continue scientifically assessing the potential risks posed by PFAS in biosolids prior to making any determinations about the need for Clean Water Act regulations.   

NACWA would like to thank NACWA Legal Affiliate Beveridge & Diamond PC for its strong representation of NACWA in the litigation.   

PEER now has 60 days to file an appeal of the decision. NACWA will keep members apprised of any developments in the case as they occur. In the interim, members may contact NACWA’s Chief Legal Officer, Amanda Aspatore, with any questions.