Attorney General Tong Leads Amicus Brief Defending Nationwide PFAS Forever Chemical Drinking Water Standards

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01/17/2025

Attorney General Tong Leads Amicus Brief Defending Nationwide PFAS Forever Chemical Drinking Water Standards

(Hartford, CT) – Attorney General William Tong today led a coalition of 18 attorneys general filing an amicus brief in the U.S. Court of Appeals for the D.C. Circuit defending a U.S. Environmental Protection Agency rule establishing nationwide drinking water standards for certain per- and polyfluoroalkyl “PFAS” forever chemicals under the Safe Drinking Water Act.

The federal rule expands nationwide drinking water protections for four new PFAS and sets enforceable standards for six PFAS chemicals found in drinking water across the country: PFOA, PFOS, PFHxS, GenX, PFNA, and PFBS. The rule sets regulations for each chemical individually, and as mixtures, recognizing appropriately that these threats cannot be addressed in isolation. Under the rule, public water systems across the United States are required to test and, if necessary, treat drinking water for these contaminants.

“Enforceable, federal drinking water standards for PFAS are a necessary measure to protect public health from the pervasive threat of forever-chemicals. EPA’s rules are fully lawful and backed by sound science, and should be upheld,” said Attorney General Tong.

The states have powerful interests in protecting the health of their residents from the harms of PFAS consumption through drinking water. These toxins were used for decades in myriad industrial and military settings, including airports and fire departments, and they continue to be used in countless consumer products, from car seats and strollers to non-stick cookware and food packaging. PFAS will remain as pollutants in the environment without degrading, earning them the nickname “forever chemicals.” Decades of research shows that the presence of PFAS in drinking water threatens public health and safety. PFAS are highly toxic to humans and animals, with even minimal exposures over time associated with deleterious effects to human health, including various types of cancer, liver impacts, and ulcerative colitis. Dangerous and highly-mobile, PFAS wind their way from numerous sources into our drinking water systems, and then into our bodies—where they accumulate and persist.

In the amicus brief, the states argue that the rule would significantly improve public health and should be upheld. The brief supports EPA’s decision to regulate PFAS contaminants both individually and as mixtures using a well-established hazard index approach, as well as the economic analysis underpinning the regulations, and EPA’s compliance with all procedural requirements.

Several states, including Connecticut, have repeatedly urged Congress and EPA to take prompt and aggressive actions to respond to the national PFAS crisis. Testing has already revealed thousands of contaminated drinking water sources across every state and the District of Columbia. Resources are available for public water systems to install treatment for PFAS, including billions in congressional funding from the Bipartisan Infrastructure Law, but more work is needed to secure our public water supply.

Connecticut has taken its own actions to protect against PFAS contamination and to hold chemical manufacturers accountable for knowingly contaminating our waters and natural resources. Attorney General Tong brought two lawsuits on behalf of Connecticut against 28 chemical manufacturers in January 2024, seeking both injunctive and monetary relief—compelling the companies to dispose of their toxic chemical stocks, abate all pollution in Connecticut, disclose all research, and to compensate the state for past and future remediation and testing expenses. The complaints seek substantial penalties for widespread violations of numerous state laws dating back decades. In December 2024, a federal judge granted Connecticut’s motion to remand one of the lawsuits back to state court.

The attorneys general of Connecticut, California, New Jersey led the brief, joined by the attorneys general of Arizona, Colorado, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New York, North Carolina, Oregon, Rhode Island, and Wisconsin.

Assistant Attorney General Christopher Kelly and Deputy Associate Attorney General Matthew Levine, Head of the Environment Section, assisted the Attorney General in this matter.

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Elizabeth Benton
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