Republican AGs Pipe Up about EPA Proposed Rule

Cozen O'Connor
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  • A group of 15 Republican AGs wrote a comment letter opposing the EPA’s proposed “National Primary Drinking Water Regulations for Lead and Copper: Improvements,” which would require the replacement of most lead pipes within the next ten years.
  • In the letter, the AGs assert that the proposed rule is unlawful because it violates the major questions doctrine and the Commerce Clause and is arbitrary and capricious. The AGs further argue that the rule is unworkable, underfunded, and unnecessary, as a prior EPA rule—which required replacement of pipes if the amount of lead in the water exceeds a specified level—is sufficient to control the dangers of lead pipes.
  • The AGs ask the EPA to withdraw the proposed rule.
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