Federal Court Dismisses ‘Forever Chemicals’ Suit By Farmers Against EPA
U OF ARKANSAS SYSTEM DIVISION OF AGRICULTURE
FAYETTEVILLE, ARKANSAS
A federal court has dismissed a lawsuit brought by farmers who claimed the Environmental Protection Agency failed to regulate per- and polyfluoroalkyl substances, known as “forever chemicals.”
Per- and polyfluoroalkyl substances, or PFAS, refer to a large family of chemicals that break down very slowly, earning their moniker “forever chemicals.” PFAS became widespread in the mid-20th century due to their water- and grease-resistant properties. They have been used in a variety of consumer products from cookware to food packaging and fire extinguishing foam.
In the last few decades, research has linked PFAS with several health risks including developmental delays in children and cancer. Because PFAS takes such a long time to break down and were so widely used, they can be present in water, soil, air and food.
”Specifically, the plaintiffs claimed that EPA had failed to perform its mandatory Clean Water Act or CWA, duty to identify and regulate at least 18 distinct PFAS pollutants in the sewage sludge that plaintiffs and others use as fertilizer on their farming operations,” said Brigit Rollins, attorney with the National Agricultural Law Center. “Additionally, the plaintiffs claimed that EPA failed to adopt regulations that provide restrictions on additional PFAS pollutants that the agency had previously identified.
“However, a federal court has disagreed, finding that the EPA did not violate its CWA duties,” Rollins said. “While the court ultimately dismissed the case, it did indicate what future actions the plaintiffs might take to prompt EPA to adopt stricter PFAS regulations.”
In its 10-page decision, the court explained that the EPA had not violated the Clean Water Act either by failing to identify the pollutants in its most recent biennial sewage sludge report or by failing to adopt regulations to manage the pollutants it has already identified as present in sewage sludge known as biosolids.
The court said that the plain language of the act requires the EPA to review its existing sewage sludge regulations every two years in order to “facilitate the subsequent identification and regulation of pollutants,” Rollins said. For that reason, the court found that the EPA had not violated the act by failing to identify the 18 PFAS pollutants in its most recent biennial report.
“The court dismissed the case without prejudice, leaving open the possibility that the plaintiffs could refile the claims on a later date,” she said. “Additionally, the court suggested other avenues that the plaintiffs could pursue to prompt EPA to more strictly regulate PFAS.”
The plaintiffs have a 60-day window to appeal the decision, which was handed down Sept. 29, 2025.
The plaintiffs included farmers from Johnson County, Texas; Maine Organic Farmers and Gardeners Association; and Potomac Riverkeeper, Inc.
See more of Rollins' analysis online. ∆
U OF ARKANSAS SYSTEM DIVISION OF AGRICULTURE