Attorney General Bonta Joins Amicus Brief to Defend Drinking Water Safety Rule

OAKLAND - California Attorney General Rob Bonta joined a multistate coalition in filing an amicus brief supporting the U.S. Environmental Protection Agency (EPA)'s Lead and Copper Rule Improvements (Rule), which strengthened requirements to reduce exposure to lead from drinking water. Finalized in October 2024 by the Biden Administration, the Rule was challenged by the American Water Works Association (AWWA), an association representing water systems, mainly to oppose the Rule's requirement to replace lead pipes known as "lead services lines" within 10 years. In the brief, the multistate coalition supports the Trump Administration EPA's defense of the Rule, urging the court to deny AWWA's petition and uphold the challenged aspects of the Rule.

"No child or family should be exposed to the devastating health consequences of lead when the solution is within reach," said Attorney General Bonta. "Across the country, ongoing replacement efforts for lead service lines prove that full removal is feasible and affordable. Regardless, eliminating lead in our drinking water systems is an investment we should prioritize, and we commend the Trump Administration for standing by this rule, which is essential for public health and the safety of future generations."

Originally enacted in 1991, the Lead and Copper Rule is designed to protect public health and safety by reducing harmful exposure to lead and copper in drinking water. Lead, a highly toxic heavy metal, can adversely affect almost every organ and bodily system. It is particularly dangerous for children since their developing brains and nervous systems are more sensitive to its damaging effects. Lead exposure can cause a range of health problems, including premature birth, learning disabilities, delayed physical development for children, and cardiovascular and kidney problems for adults. The EPA has determined that no amount of lead in drinking water is safe.

Most lead in drinking water comes from corrosion of pipes, faucets, fixtures, and solder that contain lead or brass. Lead-containing pipes and fixtures are disproportionately found in low-income communities and communities of color, which typically have older houses and drinking water infrastructure. Many public water systems, which serve millions of people across the United States, still contain these aging pipes.

The Rule contains important, health protective revisions to further minimize lead exposure from drinking water, including the requirement to replace lead pipes within 10 years. The Rule also lowered the lead action level - the concentration of lead found in residential tap water samples that triggers corrosion control and other requirements - from 15 to 10 parts per billion. Health experts expect this to have a profound impact on public health by significantly reducing lead in drinking water, which is a major source of lead exposure.

In the brief, Attorney General Bonta and the coalition argue that the Rule is feasible and consistent with the Safe Drinking Water Act, and therefore in compliance with the Administrative Procedure Act, for these reasons:

• EPA conducted a detailed nationwide analysis showing that a 10-year replacement rate is achievable based on existing programs already operating in many areas.
• The Rule provides a deferred timeline that allows systems to take longer than ten years to complete lead service line replacements, if needed.
• EPA properly weighed the costs associated with full lead service line replacement, and compliance is financially attainable with available funding sources making these initiatives affordable.
• Replacement programs are expected to create significant employment opportunities, including thousands of construction and plumbing jobs, and additional jobs via supply chain effects, each year.
• EPA's analysis showed that the health benefits of removing lead service outweighs the costs tenfold, considering the serious and well-documented risks of lead exposure.

Attorney General Bonta joins the attorneys general of Arizona, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New York, New Jersey, North Carolina, Rhode Island, Wisconsin, and the District of Columbia.