by Shannon Kelleher

A federal court’s decision to dismiss a lawsuit alleging US regulators failed to prevent widespread contamination of farmland with toxic PFAS chemicals was based on a “flawed interpretation” of the Clean Water Act, creating “dangerous real-world consequences for public health,” a watchdog group argued in a new court filing.

The appeal from Public Employees for Environmental Responsibility (PEER) is the latest move in a battle over policy issues surrounding sewage sludge contamination. PEER sued the Environmental Protection Agency (EPA) in 2024 on behalf of two Texas farm families who experienced health problems after their properties were contaminated with PFAS per- and polyfluoroalkyl (PFAS) chemicals contained in sewage sludge spread as fertilizer on a neighboring property. Johnson County, Texas, the Maine Organic Farmers and Gardeners Association (MOFGA) and the Potomac Riverkeeper Network were also plaintiffs in the suit.
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Soybeans grow in a field in Steuben County where sewage sludge was spread for many years. (Emily Kenny/Spectrum News 1)

Although this research report focuses on landfill hazards in European countries, the practices and problems it documents are largely mirrored in the United States. As the report clearly demonstrates, disposing of toxic sewage sludge in landfills—often presented as an alternative to spreading it on farmland—does not constitute a meaningful or safe solution.

WASHINGTON (SOA) — Earlier this month, we reported on a potential health risk being spread on American farms and invading our food and milk supply. Fertilizer made from human waste, which often contains forever chemicals, is not regulated in the U.S. The EPA seemed poised to take action in 2025, but now, there's an effort to shut that down from within the halls of Congress. We wanted to know why.

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WASHINGTON, D.C. (7News) — Every year, more than one million tons of sewage, sludge or biosolids are applied to U.S. farmlands.

For decades, it's been used as fertilizer to provide nutrients to the soil. But this sludge often contains PFAS, toxic "forever chemicals" that have been linked to cancer, and are now invading our food supply through the very farms that nourish us. And now, just as the United States was on the verge of action to address the risk, there is a high-level effort to stop it entirely.

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Sludge used as fertiliser on farmland contains harmful chemicals that scientists suspect are entering food chain by Rachel Salvidge Mon 7 Jul 2025 09.00 EDT

Experts say the practice of spreading sewage sludge on farmland has become a covert route for dumping toxic industrial waste. Photograph: David Calvert/Alamy 

For decades, sewage sludge has been quietly spread across Britain’s farmland, marketed as a nutrient-rich fertiliser. But insiders and scientists warn that hidden within it is a mix of household and industrial chemicals such as Pfas (“forever chemicals”), pharmaceuticals, pesticides, hormone-damaging chemicals and microplastics, threatening the long-term health of the land.

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By: Waterkeeper Alliance
June 26, 2025

A new report released today by Waterkeeper Alliance, in partnership with local Waterkeeper groups and the Hispanic Access Foundation, reveals that toxic per- and polyfluoroalkyl substances (PFAS) have contaminated 98% of tested U.S. waters, with elevated levels found at 95% of sampled sites downstream from wastewater treatment plants (WWTPs) and 80% downstream from biosolids land application sites.

Building on the 2022 Phase I report—which revealed PFAS contamination in 83% of tested U.S. rivers, lakes, and streams—this second of a multi-phase monitoring initiative focused on sites downstream from WWTPs and permitted biosolids application fields, particularly in disproportionately impacted communities across 19 states. Using PFASsive™ passive samplers, developed by SiREM, these devices were deployed upstream and downstream of 22 WWTPs and 10 biosolids application fields, capturing PFAS levels over at least 20 days—providing more accurate insight than traditional “grab” sampling.
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Corn grows in a Steuben County field where sewage sludge was spread for nearly 40 years. (Emily Kenny/Spectrum News 1)

BY Emily Kenny Central NY
PUBLISHED 4:31 PM ET Jun. 18, 2025

A bill that would have put a five-year moratorium on the use of sewage sludge on farmland did not pass the New York state Assembly before the end of this year’s legislative session despite bipartisan support early on.

“If you look at the votes, you’ll see it was unanimous ‘yes,’ bipartisan, and then last minute, the same people who voted ‘yes’ all voted ‘no’ in the Rules Committee,” said state Assemblywoman Anna Kelles, a Democrat and sponsor of the bill.

At the end of session, there was a push from lobbyists in favor of the use of biosolids, which Kelles said swayed other members of the chamber.

“There’s at least one very large private equity firm in one county here in New York mixing our sludge from our toilets and our sinks, our residential and commercial waste, mixing it with wood chips and selling it back to us for huge profits for landscaping, compost, agricultural soil amendments with no disclosure [of PFAS chemicals],” Kelles said.

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More New York counties are taking action against the use of biosolids on farmland because of rising contamination concerns.

Schoharie County on Friday became the latest New York county to put a moratorium on the use of biosolids on farmland, and Steuben County on Monday approved a resolution in support of state legislation that would pause the practice.

Fred Risse, a farmer in Schoharie County who considered the use of biosolids, decided against it after researching the fertilizer – and went a step further.

“It was cheap fertilizer, so I ordered some and when they sent me the fact sheets that said how to stay away from wells and ditches,” Risse said. “Then I did some research and saw it can contaminate wells and the soil.”

After discovering it could impact his neighbors, Risse brought the issue to the Middleburgh town board who referred him to the county level.

He organized a few different speakers to come to a hearing on the moratorium, including agriculture specialists from Cornell Cooperative Extension and New Scotland Town Supervisor Douglas LaGrange. The moratorium passed with no opposition.

Donald Airey, a board member, said during the public hearing he can’t believe the state Department of Environmental Conservation supports the use of biosolids.

“I’m really disappointed that all these people have to travel to a county board meeting to get their point across one county at a time when Albany is 50 miles away and they can’t see this, they can’t appreciate this,” Airey said. “It’s very frustrating. I know I harp on these agencies a lot, but I’m sorry, I’m going to call it like I see it. This is absurd, and it’s a dereliction of the baseline mission that DEC is charged with.”

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