Standards for Clean Air and Water Are Under Attack Ahead of Federal Transition

View Lead Motion   |   View PFAS Amicus Brief   |   View ACC II Motion   |   View Omnibus Motion

TRENTON – Attorney General Matthew J. Platkin today announced three actions to defend key federal environmental protections that protect the health of all New Jerseyans. These filings come at a time when the incoming Trump Administration has threatened to reverse science-based regulations that protect clean air and water.

In one action, New Jersey, California, and Connecticut are filing an amicus brief on behalf of 18 states to support  a U.S. Environmental Protection Agency (EPA) Final Rule establishing nationwide drinking water standards for certain per- and polyfluoroalkyl substances (PFAS).

In a second case, New Jersey and nine other states have filed a motion to intervene to defend an EPA Final Rule to strengthen the standards for lead in drinking water under the Safe Drinking Water Act.

In a third case, New Jersey and a coalition of other states and local governments are asking to intervene in lawsuits to defend California’s Clean Air Act waiver for several vehicle emissions regulations. These EPA waivers allow California to have cleaner air standards, including for the greenhouse gas emissions from vehicles that contribute to climate change, to go above and beyond federal standards. This process also permits states like New Jersey to do the same.

“New Jerseyans don’t want commonsense environmental regulations overturned in favor of industry at the expense of their families. The evidence is clear that clean air and water are key to improved health outcomes – whether that means chemicals and lead in our drinking water, smog-induced asthma attacks, or wildfires after a prolonged dry season, like New Jersey saw in November,” said Attorney General Platkin. “The fact that these environmental protections are under threat as California grapples with the enormous tragedy of the horrific fires over the past week is beyond comprehension.”

“Every person across New Jersey and our nation deserves safe drinking water and clean air,” said State Commissioner of Environmental Protection Shawn M. LaTourette. “New Jersey has a long, proud, and bipartisan history of advancing public health, safety, and environmental standards to improve and protect the quality of our air and water. We have been proud to lead the nation in establishing programs to clean up our air while getting lead and synthetic chemicals out of our water and away from our kids. As a new federal administration takes shape, New Jersey will forcefully advance its work to improve and protect the public health and the environment we all share. We call on the new federal administration to maintain and expand health and environmental protections because every American deserves safe water, clean air, and a stable climate.” 

 Supporting the EPA’s National PFAS Standard 

New Jersey, Connecticut, and California co-led the amicus brief supporting the EPA and its 2024 Final Rule setting nationwide drinking water standards for PFAS, advancing the public health purposes of the Safe Drinking Water Act (SDWA). Some states regulate PFAS in drinking water, while others do not, resulting in a patchwork of regulations.

PFAS substances – also called “forever chemicals” – are manmade substances desired for their ability to repel water, oil, and fire. They were used for decades in industrial and military settings and remain in countless consumer products, from car seats and strollers to non-stick cookware and food packaging. Highly resistant to environmental degradation and known to accumulate in the human body, PFAS are linked with various cancers as well as other negative health effects. The chemicals are also known to negatively impact the immune system and decrease vaccine response.

The federal rule expands nationwide drinking water protections for four new PFAS chemicals 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.

Several of the states that filed the amicus brief have repeatedly urged Congress and the EPA to take prompt and aggressive actions to respond to the national PFAS crisis.

The Final Rule has been challenged by several water utility associations, chemical manufacturing lobbyists, and a chemical company.

New Jersey is represented in this matter by Deputy Attorneys General Zach Lawrence, Gwen Farley, and Sydney Byers, all of the Environmental Enforcement and Environmental Justice section in the Division of Law.

The other states joining in the amicus brief are Arizona, Colorado, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New York, North Carolina, Oregon, Rhode Island, and Wisconsin.

Ending Exposure to Lead in Drinking Water

 New Jersey and 10 other states filed a motion asking to intervene to defend the EPA’s   2024 Lead and Copper Rule Improvements (LCRI), which went into effect on December 30, 2024. The LCRI calls for most water utilities to replace water pipes made of lead within 10 years. It also lowers the lead action level from to 15 μg/L to 10 μg/L and strengthens other protections to reduce lead exposure, including improving protocols for tap sampling and improving access to information about lead in drinking water.

The LCRI replaced the first Trump Administration’s lead and copper rule, which weakened existing drinking water standards and failed to protect the public.

Lead typically gets into drinking water from service lines, plumbing, and fixtures containing lead that can corrode and leach into the water over time. No amount of lead is safe for consumption, and the serious health effects of lead on children and adults are well known. New Jersey has significant interest in replacing its lead service lines and has state laws on lead service line replacement.  The EPA’s rule helps protect New Jersey residents by reducing exposure to lead in drinking water and reducing healthcare costs to the State and its residents.

The federal rule is being challenged by the American Water Works Association.

Defending California’s Longstanding Clean Air Act Waivers

 New Jersey, along with California and 15 other states and the cities of New York, Chicago, and Los Angeles, are seeking to intervene in support of the EPA’s waiver process that allows states to have clean air standards that go above and beyond federal standards.

California began regulating vehicle emissions before the federal government enacted its vehicle emissions law in 1967. Recognizing that California is at extreme environmental risk from heat and multiyear droughts, which are worsened by greenhouse gas emissions, Congress has recognized that distinction through a series of Clean Air Act amendments that permit the state to set its own standards if granted a waiver by the EPA.

The most recent two Clean Air Act waivers authorize enforcement, respectively, of the ACC II and Omnibus regulations.

ACC II is the next stage in California’s long-standing requirements that automakers sell increasing percentages of zero-emission passenger vehicles in the state. Under ACC II, automakers must continue to sell an increasing number of zero-emission vehicles in California—as they have been required to do for decades. By model year 2035, 80% of the new passenger vehicles sold in California must be zero-emission, while the remaining 20% may be plug-in hybrids.

The Omnibus regulation requires internal combustion (conventional) trucks sold in California to meet stringent standards for oxides of nitrogen (NOx), significantly reducing the contribution these heavy-duty trucks make to smog.

The jurisdictions seeking to intervene in this case have either adopted the ACC II standard for themselves or want to protect that option for the future.

EPA’s waivers are being challenged by the American Free Enterprise Chamber of Commerce in the U.S. Court of Appeals for the Ninth Circuit.

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