Insights & Events

In an article published by Wastewater Digest, Hollingsworth LLP attorneys Gary Feldon, Joe Cianciola, and Sam Quinan discuss the compliance and litigation challenges posed by the rapidly shifting legal landscape on per- and polyfluoroalkylated substances (PFAS) in biosolids.

Biosolids are semi-solid byproducts of municipal and industrial wastewater treatment that are processed to meet U.S. Environmental Protection Agency (EPA) standards to be applied to land as a fertilizer or soil conditioner. Although the EPA issued a draft risk assessment concerning long-chain PFAS in biosolids at the end of the Biden Administration, the agency has not placed limits on any PFAS compounds in biosolids.

Mounting public attention to biosolids as a potential route for PFAS contamination of soil and groundwater is driving expanded state regulation and fueling litigation.

The article provides a comprehensive look at state-level policies on PFAS in biosolids, which have proliferated in the absence of federal guidance. This emerging patchwork of standards may complicate compliance for biosolids companies, wastewater treatment plants, and other businesses that generate or handle wastewater that could potentially contain PFAS compounds.

As regulations increase, recent trends show an uptick in litigation focusing on biosolids as a potential vehicle for PFAS contamination. Lawsuits target wastewater treatment plants and entities involved in spreading or selling biosolid-derived products, not just alleged sources of PFAS-contaminated wastewater.

Impacted businesses should work closely with outside counsel to monitor state and local government activity related to biosolids to ensure regulatory compliance and to prepare to respond to potential litigation.

Subscribers can read the full article here.