Farmers Suing the EPA over PFAS in Sewage Sludge Oppose Efforts to Dismiss Case

WASHINGTON, D.C. –– A group of farmers have opposed efforts to dismiss their complaint against the U.S. Environmental Protection Agency, maintaining that the Clean Water Act’s biennial review clause does not give the agency “unfettered discretion as to what hazardous substances to regulate in sewage sludge.”

In a Jan. 13 brief filed in the U.S. District Court for the District of Columbia, the plaintiffs argued that Congress “lacked the ability to explicitly list these substances.”

The underlying complaint was filed by a group of farmers against the EPA, contending that the agency has failed to regulate certain toxic PFAS “despite …