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    Maine Farmers’ Group Announces Plans to Sue the EPA Over PFAS in Sludge

    A recent CR investigation highlighted how ‘forever chemicals’ polluting U.S. farmland can contaminate our food supply

    A tractor trailer unloads human biosolids onto Tommy O'Brien's farm located off of Va. 654 in Appomattox, Va.
    For decades farms have used sewage sludge from local wastewater treatment plants as fertilizer. In recent years, however, farmers have learned that these natural “biosolids” contain toxic PFAS that persist in the environment.
    Photo: AP Photo/The News & Advance, R. David Duncan III

    A group representing organic farmers in Maine has announced it will sue the Environmental Protection Agency under the Clean Water Act for the agency’s failure to protect their land, crops, and livestock from toxic PFAS, or “forever chemicals.” 

    At issue is wastewater sludge (often called “biosolids”) that the group says the agency has encouraged farmers to use as fertilizer, over many years. Along with beneficial nutrients, this recycled byproduct of human and industrial waste often contains harmful toxins like PFAS that go undetected and unregulated.

    The group, the Maine Organic Farmers and Gardeners Association, argues that the “lack of virtually any federal regulation of this waste to date has caused untold harm to public health and the environment,” according to its letter to the EPA notifying the agency of its intent to sue.

    MOFGA is urging the EPA to quickly set new regulations on sludge that will better protect the public. In the meantime, the letter argues, the EPA should ban the use of sludge on farms and help localities dispose of it more safely.

    More on Forever Chemicals

    “We learn more each week about the prevalence of PFAS contamination in the U.S. food and agriculture systems,” the letter reads. “Increasingly we find that the primary source of this contamination is from sewage sludge.”

    In a May 2024 investigation exploring PFAS in the food supply, CR ran a small test of 50 samples of five brands of milk we bought in grocery stores around the country. We found PFOS and PFOA—the two PFAS compounds most often linked to harmful health effects—in six of the 50 samples, including some organic milk. CR food safety experts say the test results highlight shortcomings in federal regulations of these dangerous chemicals.

    It was a third-generation dairy farmer in Maine, Fred Stone, who was one of the earliest to discover that his land, water, cows, and milk (not to mention his family) had been contaminated with PFAS from sludge that he had spread years earlier. As Stone told CR, “Being the one running around telling everyone the sky is falling in is not a great situation to be in.”

    Unfortunately, dozens of farmers in Maine have subsequently found PFAS in their land and products. The state, which has been relatively proactive in its response by banning land application of sludge and setting limits for PFAS in milk, is far ahead of other parts of the country in its process of discovery and regulation.

    “We know Maine is not alone, and we know that there is likely PFAS contamination in agriculture in every state,” says Sarah Alexander, executive director of MOFGA. “Government agencies have sanctioned and encouraged the spreading of sludge on agricultural lands, and the farmers can’t be left holding the bag.”

    The EPA declined to respond to CR’s request for comment on the letter. When CR previously contacted the agency with questions about its plans for regulating sludge, the agency said it was trying to determine whether regulation of PFAS in sewage sludge “is warranted under the Clean Water Act.” The agency also said it recommends that states monitor sludge for PFAS themselves in the meantime, but few currently do.

    MOFGA and other groups also plan to join a separate lawsuit that the nonprofit Public Employees for Environmental Responsibility (PEER) has filed against the EPA for the same issue. PEER announced its plan to sue the agency in February after finding high levels of PFAS in several farms in Texas and then testing the sludge that had been spread on land nearby.

    "We’re finding very high levels of PFAS in biosolids; we’ve known about this problem for years now,” Kyla Bennett, PEER’s director of science policy, tells CR. “And it’s just nonsensical for the EPA to be allowing them to be spread on farmland—or on any land, really."


    Lauren Kirchner

    Lauren Kirchner is an investigative reporter on the special projects team at Consumer Reports. She has been with CR since 2022, covering product safety. She has previously reported on algorithmic bias, criminal justice, and housing for the Markup and ProPublica, and was a finalist for the Pulitzer Prize in Explanatory Reporting in 2017. Send her tips at lauren.kirchner@consumer.org and follow her on X: @lkirchner.