Effects of PFAS on Farmers: Contamination, Risks, and Legal Options

Contamination from toxic chemicals on American farms, due to pesticides and biosolid fertilizer, leads to the closure of some farms. This deprives farmers not only of the use of their lands, but also their livelihoods. ⁽¹⁾

Per-and polyfluoroalkyl substances (PFAS) are manmade chemicals used in a vast array of products. Because they are long lasting and break down very slowly over time, they are called “forever chemicals.” ⁽²⁾ The effects of PFAS on farmers and their lives can be severe.

Scientific research links PFAS exposure with harmful health effects in humans. These chemicals are now so prevalent in the environment that they are even found in the blood of animals and humans. PFAS have gotten into the water and soil of farms and into the food products produced by these farms. ⁽³⁾

PFAS contamination of U.S. communities continues to “grow at an alarming rate” according to the Environmental Working Group (EWG). ⁽⁴⁾ This blog focuses on how PFAS affects farms, potential relief for impacted farmers, and the methods of PFAS removal.

Weitz & Luxenberg is here to help you recover from the negative effects of PFAS contamination on farmers. Our team of top-notch attorneys is ready to assist you in obtaining the help you seek.

How PFAS Affects Farms

Farmers use pesticides and biosolids on their farms. However, they were not aware that either or both could contain PFAS.

Pesticides Contain PFAS

Recent studies show PFAS being detected in pesticides. This is one of the main ways that PFAS is introduced to agricultural crops and farmland.

“When pesticides are used on farmland and crops, these PFAS get into the food supply. Most, if not all, PFAS in pesticide products or their degradates are going to be chronic persistent pollutants for the foreseeable future of humanity, and their ultimate impact on human and environmental health are largely unknown,” according to one published study. ⁽⁵⁾

The EWG indicates, “14 percent of all U.S. pesticide active ingredients are PFAS, including nearly one-third of active ingredients approved in the past 10 years.” ⁽⁶⁾

An earlier study “discovered PFOS in 6 out of 10 tested insecticides commonly used to treat cotton. In doing so, we identified a source of PFAS environmental contamination for rural and agricultural areas that potentially has been, and could continue to, impact PFAS concentrations in human and animal foodstuff crops grown in these areas.” ⁽⁷⁾

Biosolids Used as Fertilizer

For years, farmers made wide use of biosolids on their farms because they were less expensive than other fertilizer products. The use of biosolids was deemed safe by the U.S. Environmental Protection Agency (EPA). Ultimately, these farmers were contaminating their own farms without realizing it. ^{(8) (9)}

Biosolids are the “organic materials produced during wastewater treatment which may be put to beneficial use.” In other words, biosolids are sewage sludge treated to meet EPA requirements. ⁽¹⁰⁾ The EPA says the use of biosolids provides nutrients and replenishes organic matter. ⁽¹¹⁾

However, biosolids are found to be contaminated with PFAS and their use on farmland has raised concerns.

Concerns About PFAS in Farmland, Water, and Livestock

The scope of the problem of PFAS contamination of farmland, water, and livestock is growing. In 2022, the EPA estimated 1.17 million dry metric tons of biosolids were applied to agricultural lands in the U.S. ⁽¹²⁾ EWG’s senior policy analyst states, “More than 70 million acres of farmland are likely contaminated with toxic PFAS from the application of sludge.” ⁽¹³⁾

The Center for Food Safety explains, “Municipal sewer systems channel huge amounts of PFAS-contaminated waste to wastewater treatment plants, which remove the nutrient-rich solid portion (sludge) before discharging the liquid effluent into waterways. The treatment process of most plants is not designed to remove PFAS, which concentrate in sludge at far higher levels than are found in the incoming waste stream or the treated water discharged into waterways. Millions of tons of this toxic sludge are applied to farmland.” ⁽¹⁴⁾

Additionally, any food or feed crops grown on PFAS contaminated farmland — and then consumed by humans or livestock — results in exposure. Likewise, irrigation water used on contaminated soil poses a risk. ⁽¹⁵⁾

Effects on Crops and Soil

PFAS disrupts plant growth and contaminates soil. A recent study examining the toxic effects of PFAS notes, “low concentration of PFASs exposure may promote the growth of plants, while high exposure levels damage the health of plants.” ⁽¹⁶⁾

Researchers found, “PFAS exposure results in the over-generation of” reactive oxygen species (ROS). It damages “cell structure and organelle functions.” This includes “photosynthesis, gene transcription and energy metabolism.” It can change “the hormonal levels in cells.” ⁽¹⁷⁾

Meanwhile, the primary avenues for PFAS to enter the soil are through aqueous film-forming foam (AFFF), PFAS manufacturing plants, and biosolids. PFAS also enter the soil through landfills, atmospheric deposition, and industrial discharge. ⁽¹⁸⁾

PFAS exposure has “negative effects on the richness, diversity, and population structure of bacterial species.” It interferes “with the regular functioning of soil microorganisms, microbes, and benthic organisms in sediment,” according to one study. ⁽¹⁹⁾

Effects on Livestock

PFAS accumulates in animals through contaminated feed and water. This impacts meat and dairy products. PFAS in animal feed crops and water supplies can contaminate livestock. It accumulates in the animal’s bodies just as it does in humans. ⁽²⁰⁾

“Long chain PFAS such as perflourooctane sulfonic acid (PFOS) accumulate in dairy animals because they mostly are not urinated and are re-circulated” in the body, says the University of Maine. “PFOS is present in milk… because it can take 39-106 days for 50% of the accumulated PFOS to clear from blood.” ⁽²¹⁾

The slaughter of contaminated animals obviously yields contaminated meat. This has even more of a negative impact on your food supply. ⁽²²⁾ 

Economic & Legal Consequences

Farmers whose lands were poisoned by PFAS face staggering financial hardships. These range from closure of their farms and lost revenue, to devalued farmland, and potential lawsuits.

Not surprisingly, some PFAS contaminated farmers are taking action.

For example, farmers in Fort Worth, Texas who purchased and used the Synagro biosolid fertilizer thinking it was free of PFAS are now suing that company. ⁽²³⁾ In a lawsuit brought by these Texas PFAS contaminated farmers, one media outlet reported, “The farms’ drinking water was found to be contaminated at levels over 13,000 times higher than the federal health advisory for PFOS, one kind of PFAS compound… and affected meat was as much as 250,000 times above safe levels.” ⁽²⁴⁾

The same Texas farmers along with Johnson County, the Potomac Riverkeeper Network and the Maine Organic Farmers and Gardeners Association have also filed a lawsuit against the EPA. ⁽²⁵⁾

In the EPA lawsuit the plaintiffs claim, “EPA has failed to identify as existing in sewage sludge at least eighteen toxic per- and polyfluoroalkyl substances (PFAS) that scientific evidence shows are present in sewage sludge in concentrations which may adversely affect public health or the environment.” ⁽²⁶⁾

Congressional action on aid for PFAS farm contamination is being considered: ⁽²⁷⁾

• H.R. 1517 is a 2023 bill to provide grant assistance to PFAS contamination farmers is still in the House Agriculture Committee.
• Senate, S.747 is an identical bill being considered. This bill was referred to the Committee on Agriculture, Nutrition, and Forestry.

If you are a farmer faced with a similar situation, reach out to Weitz & Luxenberg today. We have won more than $19 billion in verdicts and settlements for our clients. This includes cases focusing on PFAS.

Do Farmers Use PFAS?

Farmers apply EPA-approved fertilizers and biosolids to their soil, believing them to be safe. Yet, many of these products were found to contain PFAS. ⁽²⁸⁾

Likewise, farmers may water their crops and livestock with PFAS contaminated water. PFAS may leach into groundwater, especially at landfills. Or PFAS get into water supplies through industrial runoff. For example, PFAS can get into a water supply if the farm is close to airports or military installations where firefighting foams are used. ^{(29) (30)}

Also, PFAS may be in wastewater, even after being processed by wastewater treatment plants. Most plants are not designed to remove PFAS. ⁽³¹⁾

Crops absorb PFAS chemicals from the water and soil. So, PFAS end up in dairy, meat, and agricultural products within our food supply. These high levels of PFAS in the food supply are dangerous for human health. ⁽³²⁾

How are PFAS Removed from Soil and Land?

PFAS are difficult to remove from the environment because they are composed of fluorine atoms attached to carbon atoms. This chemical bond is one of the strongest known. Additionally, these chemicals are prevalent in products and industries worldwide. PFAS are so pervasive that they are now in your air, water, and soil. ⁽³³⁾

The EPA says, “It is currently known that three [wastewater] treatment processes can be effective for PFAS removal: granular activated carbon, ion exchange resins, and high-pressure membrane systems.” Yet, these processes are expensive. ⁽³⁴⁾

PFAS Removal Techniques

To effectively implement these processes, different techniques are used.

Soil Excavation and Disposal

This technique involves mechanically removing the soil and disposing of it at a government-approved hazardous waste site. It may also involve “dewatering” — controlling groundwater in the area of excavation. Likewise, most contaminated soil must undergo pretreatment in order to meet government standards for transport and disposal. ⁽³⁵⁾

Bioremediation and Phytoremediation

Bioremediation is the use of naturally occurring or deliberately introduced microorganisms (or other life forms) to break down and clean up pollutants. Phytoremediation is the use of green plants to treat contaminated soil or water. The plants break down, stabilize, or remove undesirable substances. ⁽³⁶⁾

Promising new efforts include engineering complex microbial communities targeting specific contaminants and conditions. ⁽³⁷⁾

Another new effort is to use genome editing. Also exciting is the use of bioelectrical systems (BES). ⁽³⁸⁾

Water Filtration Technologies

There are numerous different technologies being used to prevent further water contamination. According to the EPA, the Best Available Technologies (BAT) include: ^{(39) (40)}

• Granular activated carbon (GAC) — “Contaminated water is passed through a pressure vessel or filter box containing granular activated carbon (GAC); PFAS then “sticks” to the activated carbon. When there is not enough space left for PFAS to stick to the GAC, it must be changed. GAC processes are normally located towards the end of treatment plants.” ⁽⁴¹⁾
• Anion exchange — Contaminated water passes through a container holding anion exchange media. These anions “(typically chloride or hydroxide), are exchanged for the PFAS.” This is similar to water softeners using cation exchange. Sodium is exchanged for calcium or magnesium. “When the exchange anions are exhausted, the media needs to be replaced… better removal is generally achieved with more acidic (lower pH) water. Similar to GAC, anion exchange is normally located towards the end of treatment plants.” ⁽⁴²⁾
• Reverse osmosis and nanofiltration — These “are high pressure membrane processes.” Reverse osmosis is used to remove salt. “Nanofiltration is a slightly lower pressure version.” It “can remove larger molecules, such as PFAS. These processes split water into two streams.” One stream is clean water and the other is contaminated. “The volume of the contaminated stream is generally about 20% of the influent water and the PFAS are concentrated by a factor of roughly 5x. Reverse osmosis and nanofiltration are normally placed towards the end of a water treatment plant.” ⁽⁴³⁾

Future Solutions & Research: Ongoing Scientific Efforts to Mitigate PFAS in Agriculture

BES has shown promise for the breakdown of PFAS. One study notes that BES combines electricity-powered materials with microbes. These work together really well to clean up polluted areas full of harmful chemicals called fluorinated compounds. ⁽⁴⁴⁾

Researchers go on to say by using bioelectrochemical defluorination, the process generates less toxic byproducts enriched with C-H bonds. This makes them significantly more susceptible to further breakdown by aerobic microbes. “As more defluorinating microbial strains and enzymes are identified, BES systems could be enhanced by coupling them with various biocatalysts to further accelerate PFAS destruction.” ⁽⁴⁵⁾

Additionally, researchers suggest examining “development of engineered proteins through genetic reprogramming to enhance PFAS remediation offers a promising avenue.” ⁽⁴⁶⁾

What Relief Is Available for Farmers Impacted by PFAS?

PFAS farmers’ best option for relief may be to file a lawsuit against the manufacturer of any contaminated fertilizers or biosolids they used on their farms.

Manufacturers, distributors, and those who sold PFAS contaminated products can be held legally accountable for the harm those products inflicted. This is true especially if product labels were unclear or failed to list PFAS as an ingredient.

Additionally, if the Relief for Farmers Hit with PFAS Act becomes law, it would provide grant money to states that could be used for: ⁽⁴⁷⁾

• Financial assistance to affected farmers.
• PFAS testing of soil and water resources.
• Monitoring blood of individuals exposed to PFAS.
• Upgrades or purchases of equipment to help PFAS contaminated farms remain profitable.
• Development of alternative production systems and remediation strategies.
• Educational programs for PFAS farmers.
• Research on water and soil remediation for PFAS.

Some state governments have already established programs to assist PFAS farmers in their states. For example, Maine established a $60 million fund for financial assistance for Maine PFAS farmers to offset lost income. ⁽⁴⁸⁾ Check with your state government to see what financial assistance and other support is available.

In the meantime, legal action can help recover financial losses due to PFAS contamination. It is important to take immediate legal steps when your farm has been contaminated by PFAS.

The law firm you choose is key to the successful outcome of your case. You need a team of attorneys with experience in environmental litigations, and in handling complex cases specifically involving forever chemicals. 

W&L Helps Farmers Affected by PFAS Contamination

Weitz & Luxenberg, with our entire team of environmental litigation attorneys, litigates highly complex PFAS contamination litigations and wins.

We were part of a team that achieved a $54 million win in a Michigan PFAS lawsuit against 3M and Wolverine. Our clients suffered diminished home values and nuisance resulting in inconvenience and loss of enjoyment in their properties. Not to mention potential future health issues from exposure to harmful PFAS.

W&L knows the law and understands what farmers are faced with. We are here to help victims recover losses inflicted by unethical and ruthless corporations concerned with profits — at the expense of both the environment and farmers like you. W&L attorneys care.

Don’t face PFAS contamination of your farm alone. Let W&L help you recover the maximum amount of compensation the law allows. Reach out to W&L today for a free case evaluation. Call (917) LAWYERS or fill out the form on this page. One of our attorneys can respond quickly to see how we can help you.