The Rundown
- Appeals court denies EPA’s wish to toss part of its PFAS regulations for drinking water.
- U.S. Fish and Wildlife will review 10 species, including two freshwater fish, for endangered or threatened status.
- Washington state requests a federal disaster declaration due to flooding that occurred in December after a series of atmospheric rivers.
- EPA publishes fluoride assessment plan.
- House votes in favor of nullifying a BLM withdrawal of some 225,000 acres in Minnesota from mining claims, a Biden-era action to protect a wilderness area.
And lastly, President Trump signs a 2026 budget bill for interior and environment that cuts the EPA budget by nearly 4 percent.
“EPA now concedes it violated the [Safe Drinking Water Act] when it collapsed this mandatory stepwise process into a single proposal and single comment period for both the determinations to regulate and regulations for the Index PFAS.” – Court filing from federal lawyers who are now arguing that the EPA erred in its “hazard index” approach to regulating four PFAS in drinking water. An appeals court did not allow the government’s motion to vacate that part of the regulation.
By the Numbers
10: Species that the U.S. Fish and Wildlife Service will review for endangered or threatened status. The 90-day review, the first step in the listing process, found enough evidence to continue the evaluation. Species under consideration include the Alvord chub, a fish found in the high desert of southeastern Oregon, and the stippled studfish of the Tallapoosa River in Alabama and Georgia. The agency is now seeking more data on threats to these species, which run from habitat loss and water pollution to groundwater extraction. The petitions to list the species came from the Center for Biological Diversity and the Xerces Society for Invertebrate Conservation.
News Briefs
PFAS in Drinking Water Litigation
A federal appeals court has rejected the EPA’s motion to strike portions of the agency’s Biden-era regulations for PFAS in drinking water.
The agency now wants to eliminate its “hazard index” calculations for four of the chemicals. That is also the position of the two water utility trade groups – American Water Works Association and Association of Metropolitan Water Agencies – that filed the initial lawsuit in 2024.
The hazard index applies to mixtures of PFNA, PFHxS, PFBS, and/or GenX in drinking water. This is the first time the agency has used such an approach for drinking water regulation.
Budget Minibus Signed
President Trump signed a fiscal year 2026 budget bill that funds interior and environment agencies.
Congress rejected the administration’s proposed water infrastructure funding cuts and maintained state revolving fund spending at FY25 levels.
But the bill does cut the EPA budget by nearly 4 percent. In nominal terms, not accounting for inflation, this would be the agency’s smallest budget since fiscal year 2017
Boundary Waters Mining
The House voted in favor of a resolution to invalidate a 2023 Bureau of Land Management decision to withdraw 225,504 acres of national forest lands in Minnesota from mining claims for 20 years.
The Biden-era decision was in order to protect the Boundary Waters Canoe Area Wilderness from proposed copper-nickel mining.
The resolution, which passed by six votes and has the White House’s support, now goes to the Senate.
Studies and Reports
Fluoride Review
The EPA published its plan for a new assessment of the toxicity of fluoride in drinking water. The assessment will be a foundation for federal rules and guidelines for adding the tooth-strengthener to public water supplies. Still, water fluoridation remains a local and state decision.
Cybersecurity
The EPA Office of the Inspector General is beginning an audit of the agency’s use of infrastructure law funds to assist water utilities with cybersecurity.
On the Radar
Disaster Declaration Request
Washington state requested a federal disaster declaration for the series of atmosphere rivers that hit in mid-December. The storms caused mudslides and pushed rivers to record levels while washing out roads and flooding homes.
The request covers 10 counties and 16 tribes, and is for individual assistance.
Colorado River Draft EIS Meeting
On January 29, the Bureau of Reclamation will hold the first of two virtual public meetings to gather public comments on its draft Colorado River operations report.
The meeting will be held from 3:00 p.m. to 5:00 p.m. Eastern. Register here.
The Los Angeles Times reports that the interior secretary has called the governors of the seven basin states to attend a meeting in Washington this week.
Federal Water Tap is a weekly digest spotting trends in U.S. government water policy. To get more water news, follow Circle of Blue on Twitter and sign up for our newsletter.
