The Sewage Sludge Problem: How 'Forever Chemicals' Are Contaminating Farmland Across America

About 60% of sewage sludge from U.S. wastewater treatment plants is spread on farm fields each year, and nearly 70 million acres of farmland across the country may be contaminated with PFAS, or per- and polyfluoroalkyl substances, according to the Environmental Working Group (EWG). These "forever chemicals" don't break down in the environment and can seep into soil, groundwater, and the food supply, yet the Environmental Protection Agency (EPA) has never required testing for them in sewage sludge used as fertilizer.

What Exactly Is Happening With Sewage Sludge and PFAS?

When wastewater treatment plants process sewage, they remove solids that accumulate at the bottom. This material, called sewage sludge or "biosolids" by the industry, is treated to kill disease-causing pathogens and then spread on farmland as a fertilizer. The problem: PFAS chemicals used in countless products, from non-stick cookware to water-resistant clothing, end up in wastewater and concentrate in the sludge.

Two Texas farm families experienced serious health problems after PFAS-contaminated sewage sludge was spread on a neighboring property, prompting a lawsuit against the EPA. The families, along with Johnson County, Texas, the Maine Organic Farmers and Gardeners Association (MOFGA), and the Potomac Riverkeeper Network, argued that the EPA's failure to regulate PFAS in sewage sludge is enabling contamination of millions of acres of land.

In fall 2025, a federal court dismissed the lawsuit, ruling that the EPA has no deadline to identify or regulate dangerous substances in sewage sludge. However, Public Employees for Environmental Responsibility (PEER), the watchdog group representing the plaintiffs, is appealing the decision, arguing the court misinterpreted the Clean Water Act.

Why Isn't the EPA Taking Action?

The Clean Water Act requires the EPA to review its sewage sludge regulations every two years. However, over the 33 years this provision has been in place, the EPA has never used this biennial review process to identify toxic pollutants requiring regulation. Instead, the agency simply gathers information about pollutants in sludge without taking regulatory action.

"This interpretation flies in the face of the language and purpose of Clean Water Act. The statute has a clear and consistent scheme requiring quick action to protect public health from hazards in sludge, and it was plain error to interpret this provision to let EPA instead act at its leisure, or maybe never," said Laura Dumais, attorney for PEER.

The court's decision means that without congressional action or a successful appeal, the EPA can continue indefinitely without regulating PFAS in sewage sludge. This creates a legal vacuum that leaves farmers and their families vulnerable to exposure.

What Health Risks Are Associated With PFAS Exposure?

PFAS chemicals are called "forever chemicals" because they persist in the environment and in human bodies. Nearly all Americans have PFAS in their blood, and scientific research links exposure to serious health problems:

• Immune System Damage: PFAS exposure has been linked with decreased immune response to vaccines and weakened overall immune function.
• Cancer Risk: Some PFAS chemicals are associated with increased cancer risk, including kidney and testicular cancers.
• Reproductive and Developmental Harm: Exposure during pregnancy and childhood can affect fetal development, bone density in teenagers, and reproductive health.
• Metabolic Effects: PFAS exposure is linked with high cholesterol and other metabolic disruptions.
• Accelerated Aging: Recent research suggests two newer types of PFAS are linked to accelerated aging in middle-aged men.

A study published recently found that children exposed to high levels of PFOA, a common PFAS chemical, had lower bone density as teenagers, raising concerns about long-term skeletal health.

How Are States Stepping In Where the Federal Government Lags?

Frustrated with federal inaction, states are taking matters into their own hands. An April 2025 report by the Environmental Council of the States found that ten states had already issued guidance for at least one PFAS chemical in sewage sludge. More recently, several states have passed or are considering stronger protections.

Maryland's Senate committee voted in March 2026 to advance a bill that would set enforceable limits for PFAS in sewage sludge applied to farmland. Virginia passed bills that would prevent the use of sewage sludge with levels of PFOA and PFOS, two common PFAS chemicals, above certain thresholds, starting in 2027.

Looking ahead, at least 31 states are expected to consider policies addressing forever chemicals in 2026, ranging from product bans to water standards, sludge spreading restrictions, and cleanup funding. These states include Alaska, Arizona, Connecticut, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.

Steps to Protect Your Family From PFAS Contamination

• Know Your Water Source: If you live in an agricultural area or near a wastewater treatment facility, request a water quality report from your local water utility to check for PFAS contamination. More than 143 million people in the U.S. are estimated to be drinking PFAS-contaminated drinking water.
• Support State-Level Action: Contact your state representatives to advocate for policies that require testing and restrict PFAS in sewage sludge, set enforceable drinking water limits, and fund cleanup efforts in affected communities.
• Reduce Product Use: Limit exposure by avoiding non-stick cookware, water-resistant textiles, and food packaging treated with PFAS. Look for products labeled "PFAS-free" or made with alternative materials like ceramic or stainless steel.
• Support Farmers Affected by Contamination: Buy from local farms that test their soil and avoid using sewage sludge as fertilizer. Ask farmers about their soil management practices and support those taking precautions against PFAS contamination.
• Monitor Cleanup Efforts: At least 10 states are considering policies that designate resources for PFAS cleanup and research. Stay informed about whether your state is investing in remediation efforts for contaminated farmland and drinking water systems.

What Happens Next in the Legal Battle?

The District of Columbia Court of Appeals will likely hear oral arguments in PEER's appeal case later in 2026, after which it will issue a decision. If the appeal succeeds, it could force the EPA to take regulatory action on PFAS in sewage sludge. If it fails, the burden will remain on states and Congress to protect public health.

Meanwhile, the cost of addressing PFAS contamination is mounting. Cleaning up existing contamination and managing this source of pollution will cost taxpayers billions of dollars across the country. The stakes are high not just for farmers whose land has been contaminated, but for everyone consuming food grown on affected soil and drinking water from contaminated sources.

The sewage sludge battle underscores a critical gap in federal environmental protection: the EPA's authority to regulate hazardous substances in products that end up in wastewater. Until that gap is closed, either through the courts or through new legislation, states will continue to lead the fight against forever chemicals, and families will continue to bear the health risks of contamination.