“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.” — Brigit Rollins, Staff Attorney, National Agricultural Law Center
By the U of Arkansas System Division of Agriculture
Fast facts:
- Farmers have 60 days to appeal ruling
- Decision leaves door open for refiling
Staff Attorney Brigit Rollins of the National Agricultural Law Center.
FAYETTEVILLE, Ark. — 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, staff 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.”
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