Groups Seek to Defend Lead Pipe Rule Challenged by Water Utilities

Newburgh Clean Water Project, Sierra Club, and NRDC (Natural Resources Defense Council) today moved to intervene to defend the Biden administration’s lead in drinking water rule. Last week, the American Water Works Association (AWWA), a water utility trade association, challenged the U.S. Environmental Protection Agency’s (EPA) lead rule mandating the removal of lead water pipes that have contaminated the drinking water in thousands of communities across the nation.

Reactions by groups seeking to intervene to defend the lead rule

“The Lead and Copper Rule Improvements Rule, especially the proactive replacement of lead service lines within 10 years, signifies a significant step towards safe and clean drinking water for our families and future generations that we and other advocates have worked for years to achieve,” said Tamsin Hollo, Steering Committee Member of the Newburgh Clean Water Project. “Defending the rule is extremely important to reduce lead exposure in communities like Newburgh, who have grappled with the legacy of lead contamination for too long.”

“The EPA’s historic rule requiring the removal of lead pipes must not be gutted by water utilities unwilling to do their part to end the public health crisis of lead-contaminated drinking water,” said Erik D. Olson, senior strategic director for health at NRDC. “Communities from Flint to Chicago, Newark to Newburgh have stood together to demand safe drinking water for all, whatever their income or zip code. Together, we’ll fight in court for the right to safe water and to end water utilities’ cynical, decades-long campaign to kill even commonsense rules.”

“On the eve of the 50th anniversary of the historic Safe Drinking Water Act, AWWA’s lawsuit challenging EPA’s recent mandate that water systems must finally remove lead pipes that deliver drinking water is shameful,” said Suzanne Novak, Earthjustice senior attorney representing Newburgh Clean Water Project and Sierra Club. “AWWA routinely and falsely claims it is a strong advocate for water consumers, but only supports rules that would slow down the replacement of lead pipes for decades like the one put in place by the Trump administration. Our clients look forward to helping to defend EPA’s important rule and fight for safe drinking water for all.”

“The Lead and Copper Rule Improvements rule is an important step forward in protecting public health, particularly for the most vulnerable. By requiring the removal of lead service lines and mandating quicker action, the EPA finally addressed a critical threat to the health of millions,” said Elayne Coleman, Director of the Michigan Chapter of the Sierra Club. “Any delay in implementing this Rule would cause further harm to the people most impacted by lead in drinking water, especially children and communities of color. We look forward to defending the Rule in court.”

Background

The EPA issued a final Lead and Copper Rule Improvements (LCRI) regulation, which was published in the Federal Register on October 30, 2024. The final rule made several significant improvements in the protection of the public from the longstanding and widespread scourge of lead-contaminated tap water, including the requirement that most water systems replace lead service lines within 10 years. AWWA has purported to support lead service line replacement for almost a decade, but is now filing a lawsuit claiming that completing replacement by the 2037 deadline is untenable.