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Written by Yuma News Now Yuma News Now
Published: 02 August 2021 02 August 2021

Phoenix, Arizona - Attorney General Mark Brnovich is leading a coalition of attorneys general to hold the Biden Administration accountable for delaying new rules that promote safe drinking water in the United States. The coalition filed a petition for review at the U.S. Court of Appeals for the D.C. Circuit challenging the U.S. Environmental Protection Agency (EPA)’s “Delay Rule” that postpones the Trump Administration’s Lead and Copper Rule Revisions (LCRR).

The LCCR would have strengthened protections against lead and copper in drinking water. Lead is a particularly potent neurotoxin. The brains of children exposed to lead are often permanently damaged and can lead to developmental and behavioral problems.

“While the Biden Administration talks a lot about preserving clean air and water for future generations, they have failed to ensure clean drinking water for our children now,” said Attorney General Mark Brnovich. “This is one pipeline they had better not shut down.”

In January 2021, the EPA finalized regulations that would have enacted more stringent protections (LCRR) against lead under the Safe Water Drinking Act. The LCRR would have imposed a new "trigger level" at 10 parts per billion, which when exceeded would have “require[d] public water systems to initiate actions to decrease their lead levels and take proactive steps to remove lead from the distribution system.”

Shortly before the LCRR was set to take effect on March 15th, the Biden Administration delayed the effective date to June 17, 2021. It then followed with a second delay to December 16, 2021. A third delay is virtually inevitable because the EPA has not promulgated any proposed rule to replace the LCRR.

The “Delay Rule” thus postpones the effective date of important improvements in the regulation of lead in drinking water. Those augmented provisions would have strengthened the protection of U.S. residents (particularly children) against lead in the water that they drink. The crisis in Flint, Michigan, beginning in 2014, is a particularly acute reminder of the dangers posed by lead in drinking water.

Attorney General Brnovich and the coalition argue the “Delay Rule” is unlawful for several reasons. In particular:

Joining Attorney General Brnovich are the attorneys general of Louisiana, Ohio, Oklahoma, and Texas.