FOR IMMEDIATE RELEASE
Tuesday, September 30, 2025
Contact:
Laura Dumais (202) 792-1277 [email protected]
Court Blocks Action on PFAS in Sewage Sludge Fertilizers
Decision Leaves Communities Vulnerable to Toxic Pollution
Washington, DC — A federal district court has ruled that Plaintiffs may not proceed in their lawsuit alleging that the U.S. Environmental Protection Agency (EPA) violated its duty to remove toxic chemicals from sewage sludge marketed to farmers as “biosolids” fertilizers. The court dismissed the suit on jurisdictional grounds, cutting off the case before Plaintiffs could present evidence on the dangers of PFAS in sludge.
The lawsuit was brought by Public Employees for Environmental Responsibility (PEER) on behalf of Texas farmers and ranchers, Johnson County, Texas, the Potomac Riverkeeper Network (PRKN), and the Maine Organic Farmers and Gardeners Association (MOFGA).
At issue are high levels of toxic per-and polyfluoroalkyl substances (PFAS) in biosolid fertilizers that have led to widespread agricultural damage, including poisoning livestock, crops, and water supplies in dairies, ranches, and farms and farmer health across the country.
In her decision yesterday, U.S. District Judge Dabney Friedrich, a Trump appointee, ruled that the federal Clean Water Act does not impose a timeline for EPA to identify or regulate emerging threats in biosolids. “The decision is particularly unfortunate, because EPA has long known that PFAS from biosolids end up in our nation’s food and water supply,” stated PEER Staff Counsel Laura Dumais, noting that EPA became aware of the problem almost 20 years ago.
Biosolids are made from both municipal and industrial waste, and although they are treated to remove pathogens and some other materials, PFAS are not removed during treatment. 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.
“We are beyond disappointed,” said Tony Coleman, one of the Texas plaintiffs who has lost 64 cows since a neighboring farm applied a biosolids fertilizer. “EPA should regulate threats in sewage sludge. It doesn’t make any sense that EPA knows about the harm we and others have suffered and can put off doing anything about it indefinitely.”
“Here in Maine we have seen firsthand the problems of PFAS in sewage sludge, and it simply has to stop,” stated Pluecker, Public Policy Organizer of MOFGA, noting that the EPA under President Biden had published (but that current EPA leaders are likely to shelve or alter) a Draft Risk Assessment showing that just 1 part per billion of either PFOA or PFOS, two legacy PFAS, in biosolids could lead to risks for farmer health.
“This ruling is a needless loss not only for America’s farming and ranching families, but for watermen and all those who rely on clean bodies of water for fishing,” stated David Flores, Vice President and General Counsel for PRKN. “But the fight against PFAS in sewage sludge biosolids is far from over.”
Plaintiffs are considering next steps, which include appealing the ruling and filing a rulemaking petition with EPA.
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Examine EPA’s latest Risk Assessment
Look at agricultural damage in Johnson County, TX
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.
