Maine’s reckoning with the legacy of “forever chemicals” on its agricultural land may expand to federal court this summer.
The Maine Organic Farmers and Gardeners Association filed a notice of intent May 14 to sue the United States Environmental Protection Agency, alleging it failed to regulate the spreading of sludge containing perfluoroalkyl and polyfluoroalkyl substances, commonly known as PFAS.
The notice of intent filed May 14 said that if the agency does not “take immediate steps” in 60 days, MOFGA will file suit in federal district court.
The chemicals, which linger in the human body and the environment, were contained in sewage plant and paper mill byproducts promoted as agricultural fertilizers in the 1970s and 1980s. They have been strongly linked to health problems including liver damage, thyroid disease, decreased fertility, high cholesterol, obesity, hormone suppression and cancer.
That sludge was contaminated by at least 18 different types of PFAS, 12 of which have enough scientific evidence to require the administration to regulate it for public protection, the organization said.
In January, 59 Maine farms had confirmed PFAS contamination.
In a press release, the organization cited a 1987 Clean Water Act provision requiring the EPA to identify and regulate toxic pollutants in biosolids every two years.
Since then, the EPA has identified more than 250 pollutants and regulated just nine for land application, according to MOFGA.
“Because the EPA has been so slow to regulate PFAS in sludge, farmers across the state have had to shoulder the burden,” the press release said. “MOFGA’s suit calls on the EPA to step up and fulfill its regulatory role.”
A representative of the Environmental Protection Agency was not immediately available for comment Tuesday.
Also joining the suit is the advocacy group Public Employees for Environmental Responsibility, which issued a similar notice against the agency in February.
