The EPA failed to fully assess the dangers of PFAS pollution before allowing these discharges into the Merrimack River. Photo: Adilson González Morales
AUGUST 12, 2026 (Concord, NH) – A federal appeals board has largely sided with Conservation Law Foundation (CLF) in its challenge to a Clean Water Act permit that allows Manchester’s sewage treatment plant to discharge PFAS-laden wastewater into the Merrimack River. The decision directs the U.S. Environmental Protection Agency to reconsider the permit and conduct the thorough analysis required by law.
“The EPA failed to fully assess the dangers of PFAS pollution before allowing these discharges into the Merrimack River,” said Jillian Aicher, CLF staff attorney. “This decision gives the agency another chance – and confirms its obligation – to correct that failure by fully analyzing PFAS pollution. The Merrimack River and the people who depend on it deserve better than unchecked PFAS pollution.”
CLF appealed the permit because the EPA did not fully analyze PFAS pollution or evaluate how the discharges would affect communities already facing unfair environmental burdens. The Board agreed with CLF that the EPA’s PFAS analysis was inadequate, while declining to require the agency to conduct a separate environmental justice analysis or include a stronger monitoring requirement for the bottom of the river.
PFAS, also known as “forever chemicals,” do not break down easily and can spread through water, soil, sludge, air, fish, and ecosystems. Under the Clean Water Act, permits set limits on what a facility may discharge into a waterway to protect water quality. The Board’s decision requires the EPA to take another look at whether PFAS from the facility could violate those protections.
CLF presented oral arguments before the Environmental Appeals Board in Washington, D.C., on May 14, 2026.
The full decision can be read here.
CLF experts are available for further comment.
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