Lawsuit to Ban PFAS Toxins in Sewage Sludge Fertilizer Hits Roadblock

October 1, 2025

Federal district court judge dismisses lawsuit filed on behalf of farmers

A lawsuit filed against the Environmental Protection Agency (EPA) last year has been dismissed by a federal district court judge on jurisdictional grounds, cutting off the case before Plaintiffs could present evidence on the dangers of PFAS in sewage sludge.

“We are disappointed that the judge dismissed our lawsuit, but we will continue to seek justice for farmers impacted by PFAS contamination,” says Sarah Alexander, executive director of the Maine Organic Farmers and Gardeners Association (MOFGA). “The EPA has known for more than 20 years that PFAS chemicals are in sewage sludge, and there is overwhelming evidence that PFAS chemicals harm human health.”

MOFGA joined the lawsuit to hold the EPA accountable for protecting the public from toxic chemicals in sewage sludge. Weak oversight has allowed corporations to create harmful PFAS that end up in sewage sludge that is allowed to be spread on agricultural fields. This practice has contaminated soil and water on farms across the U.S., impacting farmers, livestock, crops, and neighboring communities. 

“Here in Maine we have seen firsthand the problems of PFAS in sewage sludge, and it simply has to stop,” says Bill Pluecker, public policy organizer of MOFGA. 

Though the lawsuit is paused for now, plaintiffs are considering appealing the ruling and filing a rulemaking petition with EPA. The lawsuit was brought by Public Employees for Environmental Responsibility (PEER) on behalf of Texas farmers and ranchers, Johnson County, Texas, the Potomac Riverkeeper Network (PRKN), and the Maine Organic Farmers and Gardeners Association (MOFGA).

The Maine Organic Farmers and Gardeners Association (MOFGA), formed in 1971, is the oldest and largest state organic organization in the country. MOFGA’s vision is a future where local organic farming nourishes all people, and sustains thriving ecosystems, healthy communities, and fair economies. We accomplish this through our mission to transform our food system by supporting farmers, empowering people to feed their communities, and advocating for an organic future. Learn more at mofga.org. 

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