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Farmers in the U.S. now face a billion-dollar crisis after farmland has been extensively contaminated with per- and poly-fluoroalkyl substances (PFAS), a group of man-made chemicals with a significant impact on human health. In 2022, the Environmental Protection Agency (EPA) estimated that around 20 million acres of farmland could be contaminated by sewerage sludge-based fertilizers. These biosolids are sold by various companies to farmers without prior PFAS testing, although PFAS do tend to accumulate in sewerage sludge. To date, EPA issued safety limits for PFAS in drinking water, yet no regulations have been developed for controlling the PFAS content in these fertilizers. Subsequently, without any regulation of PFAS in biosolids, now in 2025, 70 million acres of farmland are contaminated.
The extent of this contamination bears a real possibility of developing into a full-blown food crisis in the U.S. In 2018, the U.S. internal food production capacity was estimated to be sufficient to feed 132% of its population, hence indicating a plentiful surplus. Imports in fruits and vegetables, as well as animal food and crops, were limited. But by 2023, a decline in exports and an increase in imports is observed. While this change is attributed to consumer preferences, the contribution of farmland contamination cannot be excluded.
In an effort to address this issue and prompt decontamination efforts, the Relief for Farmers Hit with PFAS Act 2023 was proposed. The act seeks to create a $500 million fund to monitor contamination, develop decontamination efforts and increase research efforts that would help speed up these processes. However, these funds may be far from sufficient. It has been estimated that to completely remove PFAS from the environment, $106 trillion is necessary, which is more than the total global GDP. Even so, these costs may be severely underestimated.
The True Cost of PFAS Cleanup: Why $500 Million Falls Short
One of the most efficient ways to decontaminate soil is thermal desorption, which costs approximately $500 to $700 per cubic yard, depending on the depth of PFAS penetration in the ground. Expanding this to acres, considering that one acre is 43,560 square feet, and PFAS entered just one foot into the soil, resulting in 43,560 cubic feet of soil to be decontaminated, the total cost for decontaminating 70 million acres at $500 per cubic yard can reach $56.47 trillion. Next to this amount, the $500 million proposed by the 2023 addition to the Farmers’ Bill seems like a futile effort.
Texas at the Forefront: PFAS Contamination in U.S. Agriculture
Texas has 125.4 million acres of farmland, making it the largest agricultural state in the U.S. With 230,662 farms, averaging 544 acres each, the state’s agricultural sector generated over $33.2 billion in 2022. Key commodities include cattle, poultry, cotton, sorghum, and wheat, with a significant portion of sales coming from large-scale operations. Nonetheless, despite its significant agricultural output, this state is also one of the first to be confronted with massive-scale PFAS contamination.
Amidst this crisis, farmers cannot afford to wait for state or federal intervention to protect their livelihoods. Legal action is thus a viable option for recovering costs and building decontamination funds. Recently, Texas farmers sued Synagro Technologies for selling biosolids marketed as fertilizer, later found to be tainted with PFAS. The lawsuit exposed the company’s failure to conduct proper testing before distributing its products. Farmers have also taken legal action against the EPA, citing the agency’s failure to establish safety limits for PFAS in biosolids, leaving them vulnerable to financial and environmental ruin.
In other states, 3M, DuPont and Chemours, and Carrier Global paid $10.3 billion, $671 million, and $730 million, respectively, in settlements for contaminating local water sources with PFAS. These incidents can also impact farmers and contribute to the PFAS contamination problem as much of the agricultural land in the U.S. is irrigated from the local water supply.
Class Action Lawsuits: The Best Path for Farmers to Seek Justice
In this context, farmers are better off pursuing class action lawsuits against polluters, as settlement funds far exceed the governmental proposed funding and can make a real impact on decontamination. Class action lawsuits have proven to be one of the most effective tools in holding corporations accountable and securing necessary cleanup funds. Herein, farmers affected by PFAS pollution must take collective legal action, using existing precedents to hold polluters accountable and secure the compensation they deserve. With billions already awarded in PFAS settlements, class action lawsuits remain the most effective path to securing compensation, funding decontamination efforts, and preventing further contamination of U.S. farmland.
Atraxia Law is committed to representing affected farmers and ensuring they receive the justice and financial recovery they deserve. If your farmland has been impacted by PFAS contamination, our legal experts are here to help you explore your options. We have the experience, commitment, and resources to guide you through the claims process and pursue the compensation you need for recovery and decontamination. Contact Atraxia Law today for a consultation and take the first step towards holding polluters accountable.
About Author
Stan Gottfredson is the CEO and president of Atraxia Law, a San Diego-based paralegal firm specializing in legal assistance for individuals impacted by toxic exposure. With extensive experience in legal advocacy, he leads efforts to connect affected communities with the resources and representation they need to seek justice.