FOR IMMEDIATE RELEASE
Tuesday, November 25, 2025
Contact:
Kyla Bennett (508) 230-9933 [email protected]; Laura Dumais (202) 792-1277 [email protected]
Adverse Court Decision in Toxic Sewage Sludge Case Now on Appeal
Decision Would Let EPA Indefinitely Delay Protecting Americans from PFAS in Sewage Sludge Fertilizer
Washington, DC — Today, Plaintiffs appealed a decision by a federal district court in a case challenging the U.S. Environmental Protection Agency’s (EPA) failure to identify and regulate toxic per- and polyfluoroalkyl substances (PFAS) in sewage sludge sold as fertilizer. High levels of PFAS in land-applied sewage sludge, also referred to as “biosolids,” are contaminating farmlands, livestock, crops, and water supplies and endangering human health across the country.
The ruling now on appeal dismissed the lawsuit on jurisdictional grounds, cutting off the case before Plaintiffs could present evidence on the devastation caused by PFAS in biosolids. Public Employees for Environmental Responsibility (PEER) brought the lawsuit in 2024 on behalf of two Texas ranching families; Johnson County, Texas; the Maine Organic Farmers and Gardeners Association (MOFGA); and the Potomac Riverkeeper Network (PRKN).
Biosolids are made from both municipal and industrial waste. Although wastewater processors treat them to remove pathogens and several heavy metals, treatment does not remove PFAS. EPA does not currently limit the amount of PFAS biosolids can contain, even though it estimates that over 2.4 million tons of biosolids are land-applied annually. PFAS have been linked to numerous serious health problems. They are known as “forever chemicals” because they do not readily break down in the environment, and they bioaccumulate in living organisms.
In January 2025, EPA released a draft risk assessment highlighting the dangers of certain PFAS in sewage sludge, with a public comment deadline later extended to August 2025. EPA has taken no further action since then.
“We are glad that the D.C. Circuit Court will be reviewing this decision,” stated Sarah Alexander, Executive Director of MOFGA. “We hope that the panel will take a more logical interpretation of the statute than the District Court did.”
“This lawsuit isn’t just about water quality,” added Potomac Riverkeeper Dean Naujoks. “We won’t stop fighting to protect farmlands, fisheries, and drinking water, for those who depend on them today and future generations.”
“EPA hasn’t identified a single substance in sewage sludge for regulation since the early 1990s,” noted PEER Staff Counsel Laura Dumais. “EPA’s shocking inaction on PFAS in biosolids harms farmers, threatens our food supply, and makes it harder for Johnson County, Texas, and other counties and municipalities nationwide to protect their residents.”
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PEER protects public employees who protect our environment. We are a service organization for environmental and public health professionals, land managers, scientists, enforcement officers and other civil servants dedicated to upholding environmental laws and values. We work with current and former federal, state, local and tribal employees.
