The Supreme Court has ruled 6-3 that the Environmental Protection Agency has authority to regulate per- and polyfluoroalkyl substances (PFAS) under the Clean Water Act, rejecting chemical industry arguments that Congress must explicitly authorize such regulation.
Decision Details
Justice Roberts, writing for the majority, held that PFAS falls within the Act's broad definition of pollutants and that the EPA's proposed limits are within its existing regulatory authority.
- Majority: Roberts, Sotomayor, Kagan, Jackson, Barrett, Kavanaugh
- Dissent: Thomas, Alito, Gorsuch (argued major questions doctrine requires explicit congressional authorization)
- Ruling upholds EPA limits of 4 parts per trillion for PFOA and PFOS in drinking water
- Municipal water systems have 5 years to comply with new standards
Impact
The ruling affects 6,000 water systems serving 100 million Americans where PFAS levels exceed the new standard. Compliance costs are estimated at $1.5 billion annually, primarily funded through the $9 billion PFAS remediation fund in the Bipartisan Infrastructure Law. Chemical manufacturers 3M and DuPont face expanded liability in ongoing contamination lawsuits.
