Coalition of States Demands Biden Administration, EPA Drop Lead Pipe Regulations

As the Biden administration works to remedy one of the most pervasive drinking water contamination issues in the United States, some states are banding together to push back.

Kansas Attorney General Kris Kobach is leading a coalition of state attorneys general from 14 other states in opposition to the National Primary Water Regulations for Lead and Copper plan to replace more than 9 million lead pipes in the U.S. According to a letter from Kobach, the attorneys general estimate the removal and replacement of pipes would cost more than $60 billion. So far, Congress has set aside $15 billion for the project.

High-profile lead contamination incidents caused by outdated infrastructure in Flint, Mich., and Jackson, Miss., as well as other areas, have pushed the U.S. Environmental Protection Agency (EPA) to mandate replacement of lead-based pipelines within the next 10 years. That undertaking has already run into obstacles, including financial concerns and challenges in identifying the old service lines.

Leading the opposing coalition, Kobalch has described the plan as “heavy handed” and “overreach by the Biden administration.” He alleges that the regulations would force homeowners to pay to replace their own lines if they contain lead and connect to a city line.

Attorneys general from Arkansas, Florida, Georgia, Idaho, Iowa, Mississippi, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and Wyoming have joined the opposition.

A group of attorneys general from 13 Democrat-led states are arguing, however, that the EPA mandate does not go far enough.

The issues raised by this group of attorneys general include a loophole they say could leave some cities with lead water lines for decades. They point to a provision that allows flexibility for systems with large numbers of lead pipes, requiring them to only replace 10,000 lead service lines per year.

The states calling for a stronger mandate include New York, California, Connecticut, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Pennsylvania, Rhode Island, Wisconsin, and Washington, D.C.