A federal judge in Washington, D.C., dismissed a lawsuit on September 29, 2025, that sought to compel the Environmental Protection Agency to regulate per- and polyfluoroalkyl substances, known as PFAS or “forever chemicals,” in sewage sludge used as fertilizer. The ruling allows the agency to maintain its current stance without immediate action, despite evidence of potential health and environmental risks from these persistent compounds.
The case, filed in August 2024 by a coalition including the Potomac Riverkeeper Network, the Maine Organic Farmers and Gardeners Association, several Texas ranching families, and Johnson County, Texas, alleged the EPA failed to fulfill obligations under the Clean Water Act. Plaintiffs argued the agency must conduct biennial reviews to identify and regulate toxic pollutants in sewage sludge if they pose threats to public health or the environment. The dismissal came on jurisdictional grounds, preventing the presentation of evidence on PFAS dangers.
Potomac Riverkeeper Network President Betsy Nicholas announced the organization’s response on October 2, 2025, highlighting the decision’s implications. Nicholas said, “This ruling is a particular loss for America’s farming and ranching families. They, along with all of us, are the victims here. Particularly galling is that for decades, EPA has known about the dangers of PFAS in sewage sludge used as fertilizer and in fact several months ago, it published its Risk Assessment supporting the dangers and a model for how to regulate. EPA knows about the problem; it simply refuses to act.”
Dean Naujoks, Potomac Riverkeeper, addressed the ruling’s effects, stating, “Farmers, watermen, and residents in the Potomac watershed will continue to suffer harm to their health because of EPA’s refusal to act. This is wrong.”
PFAS encompass thousands of synthetic chemicals used in products like nonstick cookware, waterproof fabrics, and firefighting foams since the 1940s. These substances do not break down naturally, accumulating in soil, water, and human bodies, and are linked to health issues including cancer, immune system disruption, and developmental delays. In sewage sludge, often called biosolids, PFAS enter through industrial discharges and consumer waste, then spread via land application on farms and gardens, potentially contaminating crops, livestock, and groundwater.
The lawsuit invoked Section 405(d) of the Clean Water Act, which requires the EPA to review sewage sludge regulations every two years for emerging contaminants. Plaintiffs contended the agency ignored substantial scientific data on PFAS risks, including its own January 2025 Draft Sewage Sludge Risk Assessment for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), two common PFAS types. That assessment, released on January 14, 2025, evaluated potential human health and ecological risks from land-applied biosolids containing these chemicals, modeling exposure pathways like soil ingestion, crop uptake, and runoff to surface water.
The EPA extended the public comment period on the draft to May 2025, incorporating feedback from stakeholders including agricultural groups and environmental organizations. The agency has stated the assessment aims to inform future regulatory decisions but does not impose immediate rules. In June 2025, the EPA proposed a broader framework for prioritizing and assessing pollutants in sewage sludge, including screening for over 700 chemicals, though PFAS regulation remains pending.
U.S. District Judge Randolph D. Moss ruled the plaintiffs lacked standing, as the Clean Water Act’s citizen suit provision does not apply to the biennial review requirement in this context. This interpretation means the EPA cannot be sued for failing to identify or regulate new pollutants under that specific clause, potentially delaying action on emerging threats.
Environmental advocates expressed disappointment, noting the ruling exacerbates vulnerabilities for communities exposed to PFAS-contaminated biosolids. In Texas, ranchers reported livestock illnesses and property devaluation from sludge application on neighboring fields, while Maine has banned biosolids use on certain farmlands due to PFAS contamination. Nationally, over 4.5 million dry tons of biosolids are applied to land annually, benefiting soil fertility but raising concerns about pollutant transfer.
The EPA has taken steps on PFAS elsewhere, designating PFOA and PFOS as hazardous substances under CERCLA in April 2025 and setting drinking water standards in 2024. However, biosolids-specific rules lag, with the agency citing the need for more data on the full suite of PFAS compounds.
This case underscores ongoing debates over federal oversight of persistent pollutants. While the EPA continues research, including a multi-year study on PFAS fate in biosolids, critics argue delays endanger public health. The plaintiffs may appeal, but for now, regulation relies on voluntary measures and state-level initiatives.
PFAS contamination extends beyond agriculture, affecting drinking water for millions and prompting lawsuits against manufacturers like 3M and DuPont. In September 2025, a Maryland federal judge advanced a PFAS case against Perdue Farms, illustrating the broadening legal landscape.
The Clean Water Act, enacted in 1972, governs pollutant discharges, with sewage sludge rules established in 1993 under 40 CFR Part 503. These standards address pathogens and metals but not PFAS, despite growing evidence. A 2025 National Academies report recommended enhanced monitoring.
As biosolids use grows amid wastewater management needs, balancing benefits and risks remains key. The EPA’s framework promises refined assessments, but timelines extend into 2026 or later.