Challenges to the LCRI: What do they mean for you?
The Biden administration’s Lead and Copper Rule Improvements (LCRI), finalized in 2024, requires nearly all lead service lines (LSLs) in the U.S. to be replaced by 2037 and lowers the allowable lead action level in drinking water from 15 to 10 parts per billion (ppb). It’s the most significant update to federal lead-in-water standards in more than 30 years.
legal challenges against lcri
In August 2025, the Environmental Protection Agency (EPA) asked the D.C. Circuit Court of Appeals to restart the case brought by the American Water Works Association (AWWA) and set a briefing schedule, stating that it intends to defend the rule. AWWA believes the high cost, which it estimates to be over $100 billion, is excessively burdensome for water systems and could lead to higher water bills for households.
They are also concerned with the mandate to replace LSLs on private property, arguing that having access to these lines doesn't mean they control them. Additionally, it argues the 10-year deadline for replacements is unrealistic due to the potential for worker shortages and other logistical challenges.
The U.S. Department of Justice has requested the following schedule for the review of LCRI:
- Petitioner’s (AWWA) opening brief: September 12, 2025
- Respondents’ (EPA) brief: December 5, 2025
- Respondent-Intervenors’ (concerned stakeholders) brief): December 23, 2025
- Petitioner’s reply brief: January 16, 2026
- Joint appendix: January 23, 2026
- Final form briefs: January 30, 2026
EPA officials have said the “tools and information” under development are expected in the coming months, presumable before the deadline for its defense brief. At this time, the LCRI remains in effect despite the ongoing legal challenges.
what should utilities expect as the case proceeds?
With the initial steps of the court schedule now established, the immediate course of action for water systems is to maintain compliance with the LCRI requirements presently in effect. Most importantly, making annual notifications regarding the service line material for locations with lead, galvanized requiring replacement and lead status unknown service lines are required by November 16, 2025 (or 1 year after the previous notifications were sent), prior to the EPA’s briefing deadline of December 5, 2025.
In the longer term, we recommend water systems keep making progress on inventories (reducing unknowns) planning for compliance requirements in late 2027, and continue any replacement programs that are underway or planned.
It’s critical to work closely with our clients at every step of the replacement process to make sure we are delivering what they need.
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