Insights & Events

Westlaw Today published an article by Hollingsworth LLP attorneys Gary Feldon, Joe Cianciola, and Sam Quinan examining the evolving regulatory and litigation landscapes for PFAS in biosolids and outlining strategies for businesses to manage potential compliance and litigation challenges.

The article focuses on two lawsuits, Farmer v. U.S. Environmental Protection Agency and Alessi v. Synagro Technologies, Inc., that seek to reshape the legal landscape relating to PFAS in biosolids. Although those lawsuits currently appear unlikely to succeed, the claims are contributing to mounting public attention to the allegations of PFAS contamination from biosolids.

EPA has issued biennial reports summarizing available data on pollutants in sewage sludge since the first regulations went into effect in 1993, but the agency has not added limits for any new pollutants (including PFAS compounds) in that time. In Farmer, non-profit groups and private landowners are among the plaintiffs seeking to compel EPA to set maximums for PFAS compounds in biosolids. The district court dismissed the case, and the plaintiffs have appealed to the D.C. Circuit. Meanwhile, states have moved quickly to regulate PFAS in biosolids, creating a developing nationwide patchwork of testing, reporting, restriction, and ban regimes.

Some of the landowner plaintiffs in Farmer are also plaintiffs in Alessi, which is among the largest private actions to date alleging PFAS contamination from biosolids. The article reviews Alessi and other private litigation, including litigation targeting wastewater management entities and consumer protection-style “greenwashing” claims involving biosolid-derived products.

Finally, the authors recommend that impacted businesses monitor state and local regulatory changes, consider operational adjustments, engage with policymakers where appropriate, and retain counsel early when facing PFAS-related claims.