Two Texas farm families allege health problems due to PFAS contamination in a lawsuit claiming the EPA violated the Clean Water Act by allowing PFAS-laced sewage sludge on farmland.
By yourNEWS Media Newsroom
Two Texas farm families have filed a lawsuit against the U.S. Environmental Protection Agency (EPA), claiming that the agency violated the Clean Water Act by failing to prevent toxic per- and polyfluoroalkyl substances (PFAS) in fertilizers from contaminating their farmland. The lawsuit was filed by the nonprofit Public Employees for Environmental Responsibility (PEER) on behalf of the families, who suffered health problems due to the pollution.
The complaint, filed on June 6 in the U.S. District Court for the District of Columbia, alleges that the EPA did not identify at least 18 PFAS in treated sewage sludge spread on farmland, despite scientific evidence indicating the presence of these chemicals. The EPA is also accused of failing to develop regulations to restrict other PFAS chemicals that the agency has previously recognized in sewage sludge.
As a result of the EPA’s inaction, “millions of acres” of land have become contaminated with PFAS-laced sewage sludge, exposing many communities to harmful chemicals, the lawsuit states. “PFAS poisoning of farmlands is fast becoming a national agricultural emergency,” PEER attorney Laura Dumais said in a press release. “EPA needs to act immediately to protect farmers and our food supply from this toxic mess.”
PFAS, a group of nearly 15,000 human-made chemicals, have been linked to numerous health problems, including certain cancers and reproductive issues. These “forever chemicals” have been used for decades in consumer products such as non-stick cookware, food packaging, and industrial products, and are widely present in the environment.
In April, the EPA enacted the first legally enforceable limits for six PFAS in drinking water and finalized a rule designating two widespread PFAS—perfluorooctane sulfonic acid (PFOS) and perfluorooctanoic acid (PFOA)—as hazardous substances. The agency is conducting a risk assessment to evaluate PFOS and PFOA in biosolids, with plans to publish the findings by the end of 2024.
The plaintiffs, who reside near Fort Worth, also filed a lawsuit in February against the company Synagro, alleging that their farms were contaminated after PFAS-laden sewage sludge was spread on a neighboring property in late 2022. They claim that this pollution led to health issues for themselves and their animals, and significantly reduced their property values.
Following the February lawsuit, PEER and the farmers sent EPA Administrator Michael Regan a notice of intent to sue over the regulatory failures and Clean Water Act violations. PEER’s press release indicated that discussions with EPA staff revealed no definitive timeline for regulatory action, prompting the decision to pursue litigation.
Maine, the only state systematically testing farmland for PFAS, has found the chemicals on over 70 farms, primarily due to sewage sludge mixed with paper mill waste spread decades ago. The state has established a $65 million PFAS fund to support affected farmers.
Currently, there are no national requirements to test sewage sludge for PFAS, despite about 60% of sewage sludge produced annually by U.S. wastewater treatment plants being spread on farm fields. Some U.S. lawmakers are advocating for a federal relief program for farmers impacted by PFAS contamination.