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Texas farmers face PFAS contamination liability threat

Texas farmers face PFAS contamination liability threat


By Scout Nelson

Texas state courts are now at the center of a debate on whether farmers can be held liable for PFAS contamination found on their farmland. PFAS, also known as “forever chemicals,” are linked to serious health issues, including kidney and testicular cancer.

The Environmental Working Group reports that PFAS contamination sites are rapidly increasing across the United States, and many state governments, including Texas, are ramping up testing of public water supplies.

Recent testing of over 400 public water systems in Texas revealed that about 50 exceeded the new EPA limits for PFAS. A significant source of these contaminants is biosolid fertilizers, made from wastewater sludge, which are popular among farmers for their low cost. However, farmers using these biosolids may unknowingly be introducing PFAS into their soil, with potentially devastating consequences.

A group of ranchers near Fort Worth has filed a lawsuit against Synagro, a manufacturer of biosolid fertilizers, alleging that the company’s products have polluted their land and drinking water with PFAS. They accuse Synagro of failing to properly test for PFAS or assess the environmental impact of its products. Another lawsuit targets the EPA, claiming the agency has not adequately regulated PFAS in sewage sludge.

The impact of PFAS contamination extends beyond Texas. In Maine, at least 60 farms have been found to have unsafe levels of PFAS, threatening their viability. It’s estimated that more than 20% of U.S. farmland—nearly 20 million acres—could be contaminated with PFAS.

Efforts to address the crisis have been slow. A bill introduced in 2023 to provide grants for farmers dealing with PFAS contamination remains stalled in the House Agriculture Committee. While Maine’s congressional delegation is pushing for $500 million in the new farm bill for PFAS cleanup, the process is costly and complex, leaving many farmers at risk of losing their livelihoods. The urgency to act grows as more contaminated land is identified.

Photo Credit:gettyimages-stockseller_ukr

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