D.C. Circuit Denies Request to Stay Reconsideration of Lead and Copper Drinking Water Rule

On October 27, 2021, the U.S. Court of Appeals for the District of Columbia Circuit denied a motion filed by five Republican state attorneys general to stay EPA’s June 2021 rule delaying the effective date of the Lead and Copper Drinking Water Rule promulgated under the Trump administration until December 16, 2021, thereby extended the compliance deadline for the rule by 10 months to October 2024. The states assert that they will suffer irreparable harm by the delay. However, EPA maintains that it must re-review the rule to examine stakeholder comments, and, furthermore, a stay is unnecessary as nothing is stopping the states from implementing the protections set forth in the rule while it is under review on their own. With the stay denied, the administration’s motion to dismiss is now pending before the court.

This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.