EPA's LCRI remains in effect, but legal and regulatory uncertainty continues as the AWWA lawsuit moves forward. Here's what's changed, what's next, and what utilities should do now.
Latest legal update: EPA's defense brief
As required by the schedule ordered by the U.S. Court of Appeals for the D.C. Circuit for the case of American Water Works Association (AWWA) v. Environmental Protection Agency (EPA), the EPA and AWWA have submitted their Final Respondent (defense) and Petitioner (challenge) briefs, respectively. The EPA’s defense brief argues, counterpoint-by-counterpoint to the AWWA’s legal challenge, that, “The Rule is lawful, reasonable, and should be upheld.”
U.S. Court of Appeals, D.C. Circuit, has issued an order setting the date for oral arguments in the case. It is set to proceed September 30, 2026. We will update this page when more information is available.
The LCRI remains in effect during this review period, and utilities should continue compliance planning and implementation.
Why is the LCRI being challenged?
The Biden administration's LCRI, finalized in October 2024, requires nearly all lead service lines in the U.S. to be replaced by 2037 and the identification of any “unknown” service lines by the same deadline. It also lowers the allowable lead action level from 15 to 10 parts per billion among many other new requirements. It's the most significant update to federal lead-in-water standards in more than 30 years.
AWWA's primary arguments and EPA’s corresponding responses are briefly summarized below:
- AWWA: The cost (estimated at over $100 billion) is excessively burdensome for water systems and could lead to higher water bills for households.
- EPA: The “reasonably completed” Economic Analysis, included as part of the rulemaking, “examined all seven statutory components, before concluding that the benefits of the Rule justify the cost.”
- AWWA: The mandate to replace service lines on private property is problematic, as "access" does not necessarily mean "control" which should be more accurately equated to “ownership.”
- EPA: Congress has granted EPA the authority to regulate “public water systems,” the definition of which, “is best understood as including service lines that operators may access to replace, regardless of ownership.”
- AWWA: The 10-year replacement deadline is unrealistic due to potential worker shortages and logistical challenges.
- EPA: The Rule must, “set a standard that is as protective as feasible,” and based on extensive data and evidence, included as supporting documentation to the rulemaking, it was reasonably determined that its 10-year rate is feasible.
It now appears the final outcome of the LCRI challenge will come down to the D.C. Circuit Court’s consideration of the full oral arguments and the panel of three judges’ decision; likely sometime later in 2026.
In addition to actively defending the Rule, EPA has stated its intent to also develop new tools and guidance to support implementation flexibilities and provide regulatory clarity.
What should utilities expect as the case proceeds?
With the new court schedule established, water systems should stay the course on compliance. Key deadlines remain in effect: annual notifications are required by the end and 2026, and baseline inventories, replacement plans, and updated sampling protocols are due by November 1, 2027. Replacement obligations also begin in 2027, requiring utilities to replace lead and galvanized requiring replacement service lines at a minimum average annual rate of 10%, with full replacement of both utility and private-side lines expected by 2037.
In the longer term, we recommend water systems keep making progress on inventories (reducing unknowns), planning for compliance requirements in late 2027, and continuing any replacement programs that are underway or planned.
Legal notice: This content is provided for informational purposes only and does not constitute legal advice. Readers should consult qualified legal counsel regarding the interpretation or application of laws, regulations or court proceedings discussed.