Does EPA want public comment or not?

By Miranda Willson | 09/24/2025 01:34 PM EDT

The agency wants to gut a major drinking water rule over a skipped public comment period, yet it has skirted public input for other rules.

Microphones and seats are pictured.

The Administrative Procedure Act lays out requirements for public comment for federal rulemaking processes in an effort to ensure transparency. Akshay Chauhan/Unsplash

The Trump administration recently argued for killing part of EPA’s first-ever drinking water regulation for “forever chemicals” because the public was allegedly deprived an opportunity to comment.

But that justification comes on the heels of the administration using obscure maneuvers to delay other environmental regulations — without first soliciting public comments.

“It strikes me as entirely inconsistent with their behavior in other cases,” said Mark Squillace, a law professor at the University of Colorado. “Irony is the kind way to describe this.”

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In a Sept. 11 filing to the U.S. Court of Appeals for the District of Columbia Circuit, the Trump administration argued that the Biden administration made a procedural error when setting a landmark drinking water rule for per- and polyfluoroalkyl substances, or PFAS.

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