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One State’s War on Forever Chemicals in Milk

News Feed
Friday, December 20, 2024

In late December 2022, a rancher in Johnson County, Texas, called the constable’s office to complain about his neighbor. The neighbor had recently spread a kind of waste-derived fertilizer, known as biosolids, over his land, the caller said, and the piles were smoking. The caller and his wife were struggling to breathe, the fish in his pond had died, and he thought the biosolids were making him, his wife, and their animals sick.Dana Ames, the county’s environmental crimes investigator, had gotten complaints about biosolids before—the human waste product also known as sewage sludge has a particularly noxious smell—but this felt different. She did some research and found news articles about a dairy farmer in the state of Maine who had used biosolids on his land and whose milk showed sky-high levels of per- and polyfluoroalkyl substances, or PFAS.Known as “forever chemicals” because of how long they persist in our environment, PFAS have been linked to a wide variety of human health concerns—and are also present in a range of industrial and consumer products, from firefighting foam to nonstick frying pans. While industry has known about the harms of these chemicals for decades, the government is just catching up: In April of this year, the Environmental Protection Agency set a first-ever drinking water standard for some of the most common forever chemicals, setting a maximum enforceable level of just four parts per trillion for PFOA and PFOS, the two most studied compounds. Some states, meanwhile, have taken regulation into their own hands. Because sludge can accumulate high levels of forever chemicals from municipal sewage, Maine banned the use of biosolids on farmlands entirely in 2022.After the rancher made his complaint, Johnson County tested his property and animals. A drinking water well tested at 268.2 parts per trillion of PFAS, more than 65 times over the new EPA standards. The flesh of a fish taken from the property tested at 74,000 parts per trillion of PFAS. (One 2023 study found that eating just one serving of fish with 11,800 parts per trillion of PFAS would be the equivalent of drinking water contaminated with more than 10 times the new EPA levels of PFAS for a whole month.) The liver of a stillborn calf, meanwhile, tested with more than 610,000 parts per trillion of PFOA, indicating that its mother was routinely exposed to the chemicals in her environment.The company that produced the biosolids applied to the neighbor’s land, Synagro, had recently distributed samples of sludge at the grand opening of its Fort Worth location. Ames was able to get a jar to test. The biosolids tested at 35,610 parts per trillion of total PFAS. “You can make a scary movie out of this,” Ames says.For years, farmers around the country have used biosolids on their fields, a practice touted by industry interests and the government as a safe, environmentally friendly use of waste. But recently, a handful of farmers in different states hundreds of miles apart have seen products from their farm—and even their own bodies—test positive for worrying levels of forever chemicals. Biosolids, a growing number of experts say, are likely to blame, endangering these farmers’ livelihoods and health.Regulators in Maine are some of the only ones in the country to take aggressive action, but those closest to the issue say it’s time for the federal government and other states to follow suit. Earlier this year, a group of Johnson County residents, including those who originally called Ames in 2022, filed a lawsuit against Synagro, North America’s largest biosolids producer, alleging that the PFAS seeping into their land may have caused serious medical issues and the deaths of multiple animals. (A company spokesperson said in an email to The New Republic that Synagro denies the “unproven and unprecedented” allegations, that the biosolids applied to the land in Johnson County “met all USEPA and Texas Commission on Environmental Quality (TCEQ) requirements,” and that subsequent test results showing lower PFAS levels on the farm with the biosolids “strongly suggest that the farm where biosolids were used cannot be a source for the PFAS allegedly found on the plaintiffs’ farms.”) Johnson County, meanwhile, has teamed up with a farmers’ advocate group in Maine to sue the EPA for its lack of regulation on PFAS in biosolids. And in Congress, Maine legislators in both houses are trying to pass national legislation to make sure farmers affected by PFAS can access funds for support. The question now is whether anyone will listen.One of the first phone calls that Nancy McBrady got when she joined Maine’s Department of Agriculture in 2019 was from the commissioner of the Department of Environmental Protection. “She said, ‘Do you know about PFAS?’” McBrady recalls. “I really had to jump in and get smart.”McBrady found herself in the middle of a mounting agricultural crisis that had begun just a few years before. In late 2016, Maine regulators had found PFAS contaminating water wells on the property of dairy farmer Fred Stone in Arundel, Maine. Stone voluntarily tested his milk, finding PFAS levels so high that his purchaser, Oakhurst Dairy, stopped buying his product. In early 2019, as Stone was losing hundreds of dollars a day and dumping dozens of gallons of milk in an attempt to fix the problem, Maine’s new governor formed a task force to investigate the larger issue of PFAS pollution in the state—an effort McBrady was pulled into.In order to see if Stone’s farm was an anomaly, regulators designed a sampling scheme for milk available for sale in Maine. The tests traced PFAS pollution back to another farm—this time in Fairfield, about 100 miles north of Stone’s property. This farm, like Stone’s, had a history of using biosolids on its land.“We did the testing with the expectation that we wouldn’t find much,” McBrady says. “In hindsight, that was incorrect thinking.”McBrady and her colleagues were facing a peculiar vacuum of information when it came to PFAS. While the government has been aware of the potential harms of forever chemicals since the 1990s, there are few definitive federal standards in place for safe human consumption. What’s more, PFAS is not just one chemical but rather a class of thousands; many of the lesser-studied PFAS have been almost totally ignored by regulators.In 2016, the same year that Stone’s farm was tested, the federal government had just set a standard for drinking water for the two most studied types of PFAS at 70 parts per trillion. The new four parts per trillion level set in April tightens this dramatically. But to this day, the EPA does not set any official limits for PFAS levels in sewage sludge applied to farms, nor does it regulate the presence of PFAS in sludge in any way.When McBrady started her job, no states required that products from farms that used biosolids be tested for PFAS. On the federal side, the nation’s milk supply is regulated by the Food and Drug Administration, while meat is regulated by the U.S. Department of Agriculture. Both agencies regularly test samples of food products for PFAS and other contaminants, but those tests are designed in such a way that they may miss intense spots of pollution at the local level. (When it comes to the FDA’s food testing of products grown in areas with known PFAS pollution, for instance, the agency says on its website that “technical support generally occurs at the request of states and before the food enters the market”—meaning that states have to raise the alarm first.) Each agency has intervened in instances where high PFAS levels have shown up in food products, but neither the FDA nor the USDA maintains specific standards for how much PFAS in milk, beef, or any kind of food is safe for human consumption. In an email to The New Republic, an FDA spokesperson said that “understanding PFAS exposure from food is an evolving area of science and more data are needed.”McBrady and her colleagues began working with Maine’s Center for Disease Control and Prevention to create action levels for PFAS in beef and milk in the state. “We just had to start building this program on the fly,” McBrady says.Maine’s environmental agencies found allies in the statehouse. In 2021, the legislature created a fund to enable the Department of Environmental Protection to test land and water at farms that had spread sewage sludge before 2019. Thus far, the investigation has found more than 60 farms where PFAS contamination was high enough that action needed to be taken. At one vegetable farm in Unity, Maine, the owners’ blood levels tested with PFAS levels hundreds of times over the safe limit. In 2022, Maine banned biosolids application altogether. That same year, Mills’s administration created a $60 million support fund for farmers whose land was contaminated; the first payouts from that fund were distributed earlier this year. “We cannot be in the position of telling people that something is contaminated and then just not be able to help them,” McBrady says.When Representative Chellie Pingree, who represents the first of Maine’s two congressional districts, talks to other politicians in Washington about PFAS on farms, her warnings often fall on deaf ears. “There’s a sense of, well, that’s too bad, but it’s not my problem,” she tells me. “If you don’t have a constituent in your district who’s got a huge problem on their farm, you may not have heard about it, or you think it’s only happening somewhere else.”In 2023, Maine’s representatives in Washington joined together to introduce dual legislation in the House and Senate to provide the same kind of support Maine offers farmers on a national level. The Relief for Farmers Hit with PFAS Act, which is designed to be included in the Farm Bill, would allow states to allocate money for PFAS testing and supporting farmers whose farms have been contaminated.“We’ve set up this model, and we know it can work—but unfortunately, we’re the only state that has this safety net in place,” Sarah Alexander, the executive director of the Maine Farmers and Gardeners Association, or MOFGA, says. “More farms are going to keep finding contamination. We need a federal safety net.”It’s not just Maine and Texas with a toxic sludge problem. In 2022, Michigan officials shut down a 400-acre cattle farm after biosolids applied on that farm—and, subsequently, the meat, which was sold directly to farmers’ markets and schools—tested with high levels of PFAS. While Michigan routinely tests sludge from its wastewater treatment plants that it sends out for application, it only banned the application of biosolids with high levels of PFAS in 2021. It also does not test farms with a previous history of sludge applications like Maine does; there’s no way of knowing if other farms that spread biosolids in the past also have contamination. Earlier this year, Harvest Public Media surveyed 13 states across the Midwest, finding that only Michigan had any limits on the allowable amount of PFAS in biosolids. “Commissioners of agriculture would rather not have this seen as a big problem, because nobody wants to be the state where people say, ‘Oh, you can’t buy soybeans from Kansas now, they’re all contaminated,’” Pingree says. “Nobody wants to be tagged with the PFAS label.”To its credit, the Biden administration made significant strides on PFAS. In addition to tightening the new drinking water standards, the EPA this spring designated two of the most common PFAS chemicals as hazardous substances under the Superfund program, meaning that companies, not taxpayers, would be on the hook for cleaning up major spills.The new federal movement on PFAS, especially the drinking water standards, may help raise the bar for gauging safe consumption of other substances, like milk. In April, Consumer Reports conducted its own PFAS testing of milk available for sale in five states. While only six of the 50 samples tested positive for PFAS, those samples all tested several times over the new EPA standards for drinking water, and all tested high enough that they would trigger an investigation in the European Union. One of the samples, Kirkland Signature milk from California, tested with 84 parts per trillion of PFOA.Most experts agree that any additional action or information at the federal level on PFAS would help shed some light on just how much of a problem sewage sludge is. Biosolids, after all, aren’t the only potential source of PFAS pollution on farms: In 2018, water well testing of a dairy farm in New Mexico found that firefighting foam from a nearby Air Force base had polluted the water supply. The FDA determined that the milk from the dairy tested with high enough PFAS levels to be a human health concern, and the farm subsequently went out of business.But while the EPA may be making progress on some PFAS research, advocates say it’s lagging when it comes to biosolids, and putting farms at risk in the process. The agency says on its website that it is currently conducting a risk assessment for PFAS in biosolids—due at the end of this year—and suggests that states monitor sludge for contamination. In June, the farmers in Johnson County in Texas, represented by Public Employees for Environmental Responsibility, or PEER, an advocacy group, filed a lawsuit against the EPA, alleging that the agency is neglecting its duty under the Clean Water Act to regulate PFAS in biosolids. (Maine’s MOFGA later joined the suit.) In a response filed in September, the agency pushed to dismiss the lawsuit, arguing that it actually has no current responsibility to regulate biosolids at all. “That’s not our understanding of the Environmental Protection Agency,” Alexander says.There are some good signs. Only five of the more than 60 farms that Maine has found contaminated with PFAS have had to shut down. The rest have, with significant help, been able to find a way to survive: to shift crops, clean up their water and soil, and protect their families and animals from further contamination.Through trial and error, Maine regulators are figuring out how PFAS works. Leafy greens, for instance, tend to be more vulnerable to contamination; McBrady says that fruit plants, by contrast, seem to store PFAS in the plant material, while the fruit remains relatively PFAS-free. One Maine farm with PFAS-contaminated soil successfully switched from growing foraging grasses for cattle to growing grains, whose stalks seem to protect the harvestable material from PFAS contamination. The farm now raises pigs who eat the safe grains.But Maine is still the only state doing regular testing of farms that applied biosolids. Without widespread local testing like the kind Maine is providing, it’s difficult to get a grasp on how pervasive the problem is. “It’s not like it makes your food taste funny,” Pingree says.How the Trump administration will handle PFAS remains an open question. The EPA has told advocates that its risk assessment on PFOA and PFOS in biosolids—the required first step to create more regulations—is due at the end of this year, but any further regulations will be out of Biden bureaucrats’ hands. Lee Zeldin, Trump’s pick to lead the EPA, has a history of voting in favor of PFAS protections. Project 2025, meanwhile, explicitly calls for the EPA to reverse its designation of PFAS as hazardous chemicals under the Superfund law. Environmental advocates worry that the administration could prolong the implementation of the new drinking water standards, even if it ultimately decides not to roll them back. One waste management executive told the trade publication WasteDive that he foresees a “patchwork quilt” of regulations cropping up as states continue to regulate PFAS without federal input.For an agency that seems to just now be finding its stride on regulating PFAS, an industry-friendly administration could spell trouble for the crucial early work.“If I were EPA right now, I would be very worried that [the work on the PFAS risk assessment] would all be scrapped,” says Laura Dumais, an attorney at PEER involved in its lawsuit against the EPA. “I cannot imagine this next administration, based on the positions that it took last time around, would go against industry and for public health.”Even with an agency committed to regulating the chemicals in our environment, the problems posed by PFAS seem to just keep getting bigger. Public awareness of PFAS, until recently, has mostly focused on large-scale pollution from industrial facilities or military bases making it into the water supply. But removing PFAS from biosolids isn’t as simple as removing a single point of industrial pollution. Because biosolids are made from municipal waste—what we flush down the toilet—they serve as a terrifying indicator of just how pervasive forever chemicals really are in our everyday life. We, ourselves, now shed a chemical that doesn’t degrade, that intensifies in our wastewater, and then is spread on our food. Even if all states banned biosolids use tomorrow, it wouldn’t solve the problem of eliminating PFAS within our waste system—or even help us to understand basic facts about how these chemicals contaminate our environment and affect our bodies.“You start legislating one thing, and it’s going to have effects on another thing—that’s the case with biosolids,” McBrady says. “There’s hesitancy on the parts of some states because it’s such an intractable, big problem—where do you begin?”

In late December 2022, a rancher in Johnson County, Texas, called the constable’s office to complain about his neighbor. The neighbor had recently spread a kind of waste-derived fertilizer, known as biosolids, over his land, the caller said, and the piles were smoking. The caller and his wife were struggling to breathe, the fish in his pond had died, and he thought the biosolids were making him, his wife, and their animals sick.Dana Ames, the county’s environmental crimes investigator, had gotten complaints about biosolids before—the human waste product also known as sewage sludge has a particularly noxious smell—but this felt different. She did some research and found news articles about a dairy farmer in the state of Maine who had used biosolids on his land and whose milk showed sky-high levels of per- and polyfluoroalkyl substances, or PFAS.Known as “forever chemicals” because of how long they persist in our environment, PFAS have been linked to a wide variety of human health concerns—and are also present in a range of industrial and consumer products, from firefighting foam to nonstick frying pans. While industry has known about the harms of these chemicals for decades, the government is just catching up: In April of this year, the Environmental Protection Agency set a first-ever drinking water standard for some of the most common forever chemicals, setting a maximum enforceable level of just four parts per trillion for PFOA and PFOS, the two most studied compounds. Some states, meanwhile, have taken regulation into their own hands. Because sludge can accumulate high levels of forever chemicals from municipal sewage, Maine banned the use of biosolids on farmlands entirely in 2022.After the rancher made his complaint, Johnson County tested his property and animals. A drinking water well tested at 268.2 parts per trillion of PFAS, more than 65 times over the new EPA standards. The flesh of a fish taken from the property tested at 74,000 parts per trillion of PFAS. (One 2023 study found that eating just one serving of fish with 11,800 parts per trillion of PFAS would be the equivalent of drinking water contaminated with more than 10 times the new EPA levels of PFAS for a whole month.) The liver of a stillborn calf, meanwhile, tested with more than 610,000 parts per trillion of PFOA, indicating that its mother was routinely exposed to the chemicals in her environment.The company that produced the biosolids applied to the neighbor’s land, Synagro, had recently distributed samples of sludge at the grand opening of its Fort Worth location. Ames was able to get a jar to test. The biosolids tested at 35,610 parts per trillion of total PFAS. “You can make a scary movie out of this,” Ames says.For years, farmers around the country have used biosolids on their fields, a practice touted by industry interests and the government as a safe, environmentally friendly use of waste. But recently, a handful of farmers in different states hundreds of miles apart have seen products from their farm—and even their own bodies—test positive for worrying levels of forever chemicals. Biosolids, a growing number of experts say, are likely to blame, endangering these farmers’ livelihoods and health.Regulators in Maine are some of the only ones in the country to take aggressive action, but those closest to the issue say it’s time for the federal government and other states to follow suit. Earlier this year, a group of Johnson County residents, including those who originally called Ames in 2022, filed a lawsuit against Synagro, North America’s largest biosolids producer, alleging that the PFAS seeping into their land may have caused serious medical issues and the deaths of multiple animals. (A company spokesperson said in an email to The New Republic that Synagro denies the “unproven and unprecedented” allegations, that the biosolids applied to the land in Johnson County “met all USEPA and Texas Commission on Environmental Quality (TCEQ) requirements,” and that subsequent test results showing lower PFAS levels on the farm with the biosolids “strongly suggest that the farm where biosolids were used cannot be a source for the PFAS allegedly found on the plaintiffs’ farms.”) Johnson County, meanwhile, has teamed up with a farmers’ advocate group in Maine to sue the EPA for its lack of regulation on PFAS in biosolids. And in Congress, Maine legislators in both houses are trying to pass national legislation to make sure farmers affected by PFAS can access funds for support. The question now is whether anyone will listen.One of the first phone calls that Nancy McBrady got when she joined Maine’s Department of Agriculture in 2019 was from the commissioner of the Department of Environmental Protection. “She said, ‘Do you know about PFAS?’” McBrady recalls. “I really had to jump in and get smart.”McBrady found herself in the middle of a mounting agricultural crisis that had begun just a few years before. In late 2016, Maine regulators had found PFAS contaminating water wells on the property of dairy farmer Fred Stone in Arundel, Maine. Stone voluntarily tested his milk, finding PFAS levels so high that his purchaser, Oakhurst Dairy, stopped buying his product. In early 2019, as Stone was losing hundreds of dollars a day and dumping dozens of gallons of milk in an attempt to fix the problem, Maine’s new governor formed a task force to investigate the larger issue of PFAS pollution in the state—an effort McBrady was pulled into.In order to see if Stone’s farm was an anomaly, regulators designed a sampling scheme for milk available for sale in Maine. The tests traced PFAS pollution back to another farm—this time in Fairfield, about 100 miles north of Stone’s property. This farm, like Stone’s, had a history of using biosolids on its land.“We did the testing with the expectation that we wouldn’t find much,” McBrady says. “In hindsight, that was incorrect thinking.”McBrady and her colleagues were facing a peculiar vacuum of information when it came to PFAS. While the government has been aware of the potential harms of forever chemicals since the 1990s, there are few definitive federal standards in place for safe human consumption. What’s more, PFAS is not just one chemical but rather a class of thousands; many of the lesser-studied PFAS have been almost totally ignored by regulators.In 2016, the same year that Stone’s farm was tested, the federal government had just set a standard for drinking water for the two most studied types of PFAS at 70 parts per trillion. The new four parts per trillion level set in April tightens this dramatically. But to this day, the EPA does not set any official limits for PFAS levels in sewage sludge applied to farms, nor does it regulate the presence of PFAS in sludge in any way.When McBrady started her job, no states required that products from farms that used biosolids be tested for PFAS. On the federal side, the nation’s milk supply is regulated by the Food and Drug Administration, while meat is regulated by the U.S. Department of Agriculture. Both agencies regularly test samples of food products for PFAS and other contaminants, but those tests are designed in such a way that they may miss intense spots of pollution at the local level. (When it comes to the FDA’s food testing of products grown in areas with known PFAS pollution, for instance, the agency says on its website that “technical support generally occurs at the request of states and before the food enters the market”—meaning that states have to raise the alarm first.) Each agency has intervened in instances where high PFAS levels have shown up in food products, but neither the FDA nor the USDA maintains specific standards for how much PFAS in milk, beef, or any kind of food is safe for human consumption. In an email to The New Republic, an FDA spokesperson said that “understanding PFAS exposure from food is an evolving area of science and more data are needed.”McBrady and her colleagues began working with Maine’s Center for Disease Control and Prevention to create action levels for PFAS in beef and milk in the state. “We just had to start building this program on the fly,” McBrady says.Maine’s environmental agencies found allies in the statehouse. In 2021, the legislature created a fund to enable the Department of Environmental Protection to test land and water at farms that had spread sewage sludge before 2019. Thus far, the investigation has found more than 60 farms where PFAS contamination was high enough that action needed to be taken. At one vegetable farm in Unity, Maine, the owners’ blood levels tested with PFAS levels hundreds of times over the safe limit. In 2022, Maine banned biosolids application altogether. That same year, Mills’s administration created a $60 million support fund for farmers whose land was contaminated; the first payouts from that fund were distributed earlier this year. “We cannot be in the position of telling people that something is contaminated and then just not be able to help them,” McBrady says.When Representative Chellie Pingree, who represents the first of Maine’s two congressional districts, talks to other politicians in Washington about PFAS on farms, her warnings often fall on deaf ears. “There’s a sense of, well, that’s too bad, but it’s not my problem,” she tells me. “If you don’t have a constituent in your district who’s got a huge problem on their farm, you may not have heard about it, or you think it’s only happening somewhere else.”In 2023, Maine’s representatives in Washington joined together to introduce dual legislation in the House and Senate to provide the same kind of support Maine offers farmers on a national level. The Relief for Farmers Hit with PFAS Act, which is designed to be included in the Farm Bill, would allow states to allocate money for PFAS testing and supporting farmers whose farms have been contaminated.“We’ve set up this model, and we know it can work—but unfortunately, we’re the only state that has this safety net in place,” Sarah Alexander, the executive director of the Maine Farmers and Gardeners Association, or MOFGA, says. “More farms are going to keep finding contamination. We need a federal safety net.”It’s not just Maine and Texas with a toxic sludge problem. In 2022, Michigan officials shut down a 400-acre cattle farm after biosolids applied on that farm—and, subsequently, the meat, which was sold directly to farmers’ markets and schools—tested with high levels of PFAS. While Michigan routinely tests sludge from its wastewater treatment plants that it sends out for application, it only banned the application of biosolids with high levels of PFAS in 2021. It also does not test farms with a previous history of sludge applications like Maine does; there’s no way of knowing if other farms that spread biosolids in the past also have contamination. Earlier this year, Harvest Public Media surveyed 13 states across the Midwest, finding that only Michigan had any limits on the allowable amount of PFAS in biosolids. “Commissioners of agriculture would rather not have this seen as a big problem, because nobody wants to be the state where people say, ‘Oh, you can’t buy soybeans from Kansas now, they’re all contaminated,’” Pingree says. “Nobody wants to be tagged with the PFAS label.”To its credit, the Biden administration made significant strides on PFAS. In addition to tightening the new drinking water standards, the EPA this spring designated two of the most common PFAS chemicals as hazardous substances under the Superfund program, meaning that companies, not taxpayers, would be on the hook for cleaning up major spills.The new federal movement on PFAS, especially the drinking water standards, may help raise the bar for gauging safe consumption of other substances, like milk. In April, Consumer Reports conducted its own PFAS testing of milk available for sale in five states. While only six of the 50 samples tested positive for PFAS, those samples all tested several times over the new EPA standards for drinking water, and all tested high enough that they would trigger an investigation in the European Union. One of the samples, Kirkland Signature milk from California, tested with 84 parts per trillion of PFOA.Most experts agree that any additional action or information at the federal level on PFAS would help shed some light on just how much of a problem sewage sludge is. Biosolids, after all, aren’t the only potential source of PFAS pollution on farms: In 2018, water well testing of a dairy farm in New Mexico found that firefighting foam from a nearby Air Force base had polluted the water supply. The FDA determined that the milk from the dairy tested with high enough PFAS levels to be a human health concern, and the farm subsequently went out of business.But while the EPA may be making progress on some PFAS research, advocates say it’s lagging when it comes to biosolids, and putting farms at risk in the process. The agency says on its website that it is currently conducting a risk assessment for PFAS in biosolids—due at the end of this year—and suggests that states monitor sludge for contamination. In June, the farmers in Johnson County in Texas, represented by Public Employees for Environmental Responsibility, or PEER, an advocacy group, filed a lawsuit against the EPA, alleging that the agency is neglecting its duty under the Clean Water Act to regulate PFAS in biosolids. (Maine’s MOFGA later joined the suit.) In a response filed in September, the agency pushed to dismiss the lawsuit, arguing that it actually has no current responsibility to regulate biosolids at all. “That’s not our understanding of the Environmental Protection Agency,” Alexander says.There are some good signs. Only five of the more than 60 farms that Maine has found contaminated with PFAS have had to shut down. The rest have, with significant help, been able to find a way to survive: to shift crops, clean up their water and soil, and protect their families and animals from further contamination.Through trial and error, Maine regulators are figuring out how PFAS works. Leafy greens, for instance, tend to be more vulnerable to contamination; McBrady says that fruit plants, by contrast, seem to store PFAS in the plant material, while the fruit remains relatively PFAS-free. One Maine farm with PFAS-contaminated soil successfully switched from growing foraging grasses for cattle to growing grains, whose stalks seem to protect the harvestable material from PFAS contamination. The farm now raises pigs who eat the safe grains.But Maine is still the only state doing regular testing of farms that applied biosolids. Without widespread local testing like the kind Maine is providing, it’s difficult to get a grasp on how pervasive the problem is. “It’s not like it makes your food taste funny,” Pingree says.How the Trump administration will handle PFAS remains an open question. The EPA has told advocates that its risk assessment on PFOA and PFOS in biosolids—the required first step to create more regulations—is due at the end of this year, but any further regulations will be out of Biden bureaucrats’ hands. Lee Zeldin, Trump’s pick to lead the EPA, has a history of voting in favor of PFAS protections. Project 2025, meanwhile, explicitly calls for the EPA to reverse its designation of PFAS as hazardous chemicals under the Superfund law. Environmental advocates worry that the administration could prolong the implementation of the new drinking water standards, even if it ultimately decides not to roll them back. One waste management executive told the trade publication WasteDive that he foresees a “patchwork quilt” of regulations cropping up as states continue to regulate PFAS without federal input.For an agency that seems to just now be finding its stride on regulating PFAS, an industry-friendly administration could spell trouble for the crucial early work.“If I were EPA right now, I would be very worried that [the work on the PFAS risk assessment] would all be scrapped,” says Laura Dumais, an attorney at PEER involved in its lawsuit against the EPA. “I cannot imagine this next administration, based on the positions that it took last time around, would go against industry and for public health.”Even with an agency committed to regulating the chemicals in our environment, the problems posed by PFAS seem to just keep getting bigger. Public awareness of PFAS, until recently, has mostly focused on large-scale pollution from industrial facilities or military bases making it into the water supply. But removing PFAS from biosolids isn’t as simple as removing a single point of industrial pollution. Because biosolids are made from municipal waste—what we flush down the toilet—they serve as a terrifying indicator of just how pervasive forever chemicals really are in our everyday life. We, ourselves, now shed a chemical that doesn’t degrade, that intensifies in our wastewater, and then is spread on our food. Even if all states banned biosolids use tomorrow, it wouldn’t solve the problem of eliminating PFAS within our waste system—or even help us to understand basic facts about how these chemicals contaminate our environment and affect our bodies.“You start legislating one thing, and it’s going to have effects on another thing—that’s the case with biosolids,” McBrady says. “There’s hesitancy on the parts of some states because it’s such an intractable, big problem—where do you begin?”

In late December 2022, a rancher in Johnson County, Texas, called the constable’s office to complain about his neighbor. The neighbor had recently spread a kind of waste-derived fertilizer, known as biosolids, over his land, the caller said, and the piles were smoking. The caller and his wife were struggling to breathe, the fish in his pond had died, and he thought the biosolids were making him, his wife, and their animals sick.

Dana Ames, the county’s environmental crimes investigator, had gotten complaints about biosolids before—the human waste product also known as sewage sludge has a particularly noxious smell—but this felt different. She did some research and found news articles about a dairy farmer in the state of Maine who had used biosolids on his land and whose milk showed sky-high levels of per- and polyfluoroalkyl substances, or PFAS.

Known as “forever chemicals” because of how long they persist in our environment, PFAS have been linked to a wide variety of human health concerns—and are also present in a range of industrial and consumer products, from firefighting foam to nonstick frying pans. While industry has known about the harms of these chemicals for decades, the government is just catching up: In April of this year, the Environmental Protection Agency set a first-ever drinking water standard for some of the most common forever chemicals, setting a maximum enforceable level of just four parts per trillion for PFOA and PFOS, the two most studied compounds. Some states, meanwhile, have taken regulation into their own hands. Because sludge can accumulate high levels of forever chemicals from municipal sewage, Maine banned the use of biosolids on farmlands entirely in 2022.

After the rancher made his complaint, Johnson County tested his property and animals. A drinking water well tested at 268.2 parts per trillion of PFAS, more than 65 times over the new EPA standards. The flesh of a fish taken from the property tested at 74,000 parts per trillion of PFAS. (One 2023 study found that eating just one serving of fish with 11,800 parts per trillion of PFAS would be the equivalent of drinking water contaminated with more than 10 times the new EPA levels of PFAS for a whole month.) The liver of a stillborn calf, meanwhile, tested with more than 610,000 parts per trillion of PFOA, indicating that its mother was routinely exposed to the chemicals in her environment.

The company that produced the biosolids applied to the neighbor’s land, Synagro, had recently distributed samples of sludge at the grand opening of its Fort Worth location. Ames was able to get a jar to test. The biosolids tested at 35,610 parts per trillion of total PFAS. “You can make a scary movie out of this,” Ames says.

For years, farmers around the country have used biosolids on their fields, a practice touted by industry interests and the government as a safe, environmentally friendly use of waste. But recently, a handful of farmers in different states hundreds of miles apart have seen products from their farm—and even their own bodies—test positive for worrying levels of forever chemicals. Biosolids, a growing number of experts say, are likely to blame, endangering these farmers’ livelihoods and health.

Regulators in Maine are some of the only ones in the country to take aggressive action, but those closest to the issue say it’s time for the federal government and other states to follow suit. Earlier this year, a group of Johnson County residents, including those who originally called Ames in 2022, filed a lawsuit against Synagro, North America’s largest biosolids producer, alleging that the PFAS seeping into their land may have caused serious medical issues and the deaths of multiple animals. (A company spokesperson said in an email to The New Republic that Synagro denies the “unproven and unprecedented” allegations, that the biosolids applied to the land in Johnson County “met all USEPA and Texas Commission on Environmental Quality (TCEQ) requirements,” and that subsequent test results showing lower PFAS levels on the farm with the biosolids “strongly suggest that the farm where biosolids were used cannot be a source for the PFAS allegedly found on the plaintiffs’ farms.”) Johnson County, meanwhile, has teamed up with a farmers’ advocate group in Maine to sue the EPA for its lack of regulation on PFAS in biosolids. And in Congress, Maine legislators in both houses are trying to pass national legislation to make sure farmers affected by PFAS can access funds for support. The question now is whether anyone will listen.


One of the first phone calls that Nancy McBrady got when she joined Maine’s Department of Agriculture in 2019 was from the commissioner of the Department of Environmental Protection. “She said, ‘Do you know about PFAS?’” McBrady recalls. “I really had to jump in and get smart.”

McBrady found herself in the middle of a mounting agricultural crisis that had begun just a few years before. In late 2016, Maine regulators had found PFAS contaminating water wells on the property of dairy farmer Fred Stone in Arundel, Maine. Stone voluntarily tested his milk, finding PFAS levels so high that his purchaser, Oakhurst Dairy, stopped buying his product. In early 2019, as Stone was losing hundreds of dollars a day and dumping dozens of gallons of milk in an attempt to fix the problem, Maine’s new governor formed a task force to investigate the larger issue of PFAS pollution in the state—an effort McBrady was pulled into.

In order to see if Stone’s farm was an anomaly, regulators designed a sampling scheme for milk available for sale in Maine. The tests traced PFAS pollution back to another farm—this time in Fairfield, about 100 miles north of Stone’s property. This farm, like Stone’s, had a history of using biosolids on its land.

“We did the testing with the expectation that we wouldn’t find much,” McBrady says. “In hindsight, that was incorrect thinking.”

McBrady and her colleagues were facing a peculiar vacuum of information when it came to PFAS. While the government has been aware of the potential harms of forever chemicals since the 1990s, there are few definitive federal standards in place for safe human consumption. What’s more, PFAS is not just one chemical but rather a class of thousands; many of the lesser-studied PFAS have been almost totally ignored by regulators.

In 2016, the same year that Stone’s farm was tested, the federal government had just set a standard for drinking water for the two most studied types of PFAS at 70 parts per trillion. The new four parts per trillion level set in April tightens this dramatically. But to this day, the EPA does not set any official limits for PFAS levels in sewage sludge applied to farms, nor does it regulate the presence of PFAS in sludge in any way.

When McBrady started her job, no states required that products from farms that used biosolids be tested for PFAS. On the federal side, the nation’s milk supply is regulated by the Food and Drug Administration, while meat is regulated by the U.S. Department of Agriculture. Both agencies regularly test samples of food products for PFAS and other contaminants, but those tests are designed in such a way that they may miss intense spots of pollution at the local level. (When it comes to the FDA’s food testing of products grown in areas with known PFAS pollution, for instance, the agency says on its website that “technical support generally occurs at the request of states and before the food enters the market”—meaning that states have to raise the alarm first.) Each agency has intervened in instances where high PFAS levels have shown up in food products, but neither the FDA nor the USDA maintains specific standards for how much PFAS in milk, beef, or any kind of food is safe for human consumption. In an email to The New Republic, an FDA spokesperson said that “understanding PFAS exposure from food is an evolving area of science and more data are needed.”

McBrady and her colleagues began working with Maine’s Center for Disease Control and Prevention to create action levels for PFAS in beef and milk in the state. “We just had to start building this program on the fly,” McBrady says.

Maine’s environmental agencies found allies in the statehouse. In 2021, the legislature created a fund to enable the Department of Environmental Protection to test land and water at farms that had spread sewage sludge before 2019. Thus far, the investigation has found more than 60 farms where PFAS contamination was high enough that action needed to be taken. At one vegetable farm in Unity, Maine, the owners’ blood levels tested with PFAS levels hundreds of times over the safe limit.

In 2022, Maine banned biosolids application altogether. That same year, Mills’s administration created a $60 million support fund for farmers whose land was contaminated; the first payouts from that fund were distributed earlier this year. “We cannot be in the position of telling people that something is contaminated and then just not be able to help them,” McBrady says.


When Representative Chellie Pingree, who represents the first of Maine’s two congressional districts, talks to other politicians in Washington about PFAS on farms, her warnings often fall on deaf ears. “There’s a sense of, well, that’s too bad, but it’s not my problem,” she tells me. “If you don’t have a constituent in your district who’s got a huge problem on their farm, you may not have heard about it, or you think it’s only happening somewhere else.”

In 2023, Maine’s representatives in Washington joined together to introduce dual legislation in the House and Senate to provide the same kind of support Maine offers farmers on a national level. The Relief for Farmers Hit with PFAS Act, which is designed to be included in the Farm Bill, would allow states to allocate money for PFAS testing and supporting farmers whose farms have been contaminated.

“We’ve set up this model, and we know it can work—but unfortunately, we’re the only state that has this safety net in place,” Sarah Alexander, the executive director of the Maine Farmers and Gardeners Association, or MOFGA, says. “More farms are going to keep finding contamination. We need a federal safety net.”

It’s not just Maine and Texas with a toxic sludge problem. In 2022, Michigan officials shut down a 400-acre cattle farm after biosolids applied on that farm—and, subsequently, the meat, which was sold directly to farmers’ markets and schools—tested with high levels of PFAS. While Michigan routinely tests sludge from its wastewater treatment plants that it sends out for application, it only banned the application of biosolids with high levels of PFAS in 2021. It also does not test farms with a previous history of sludge applications like Maine does; there’s no way of knowing if other farms that spread biosolids in the past also have contamination. Earlier this year, Harvest Public Media surveyed 13 states across the Midwest, finding that only Michigan had any limits on the allowable amount of PFAS in biosolids.

“Commissioners of agriculture would rather not have this seen as a big problem, because nobody wants to be the state where people say, ‘Oh, you can’t buy soybeans from Kansas now, they’re all contaminated,’” Pingree says. “Nobody wants to be tagged with the PFAS label.”

To its credit, the Biden administration made significant strides on PFAS. In addition to tightening the new drinking water standards, the EPA this spring designated two of the most common PFAS chemicals as hazardous substances under the Superfund program, meaning that companies, not taxpayers, would be on the hook for cleaning up major spills.

The new federal movement on PFAS, especially the drinking water standards, may help raise the bar for gauging safe consumption of other substances, like milk. In April, Consumer Reports conducted its own PFAS testing of milk available for sale in five states. While only six of the 50 samples tested positive for PFAS, those samples all tested several times over the new EPA standards for drinking water, and all tested high enough that they would trigger an investigation in the European Union. One of the samples, Kirkland Signature milk from California, tested with 84 parts per trillion of PFOA.

Most experts agree that any additional action or information at the federal level on PFAS would help shed some light on just how much of a problem sewage sludge is. Biosolids, after all, aren’t the only potential source of PFAS pollution on farms: In 2018, water well testing of a dairy farm in New Mexico found that firefighting foam from a nearby Air Force base had polluted the water supply. The FDA determined that the milk from the dairy tested with high enough PFAS levels to be a human health concern, and the farm subsequently went out of business.

But while the EPA may be making progress on some PFAS research, advocates say it’s lagging when it comes to biosolids, and putting farms at risk in the process. The agency says on its website that it is currently conducting a risk assessment for PFAS in biosolids—due at the end of this year—and suggests that states monitor sludge for contamination. In June, the farmers in Johnson County in Texas, represented by Public Employees for Environmental Responsibility, or PEER, an advocacy group, filed a lawsuit against the EPA, alleging that the agency is neglecting its duty under the Clean Water Act to regulate PFAS in biosolids. (Maine’s MOFGA later joined the suit.) In a response filed in September, the agency pushed to dismiss the lawsuit, arguing that it actually has no current responsibility to regulate biosolids at all. “That’s not our understanding of the Environmental Protection Agency,” Alexander says.


There are some good signs. Only five of the more than 60 farms that Maine has found contaminated with PFAS have had to shut down. The rest have, with significant help, been able to find a way to survive: to shift crops, clean up their water and soil, and protect their families and animals from further contamination.

Through trial and error, Maine regulators are figuring out how PFAS works. Leafy greens, for instance, tend to be more vulnerable to contamination; McBrady says that fruit plants, by contrast, seem to store PFAS in the plant material, while the fruit remains relatively PFAS-free. One Maine farm with PFAS-contaminated soil successfully switched from growing foraging grasses for cattle to growing grains, whose stalks seem to protect the harvestable material from PFAS contamination. The farm now raises pigs who eat the safe grains.

But Maine is still the only state doing regular testing of farms that applied biosolids. Without widespread local testing like the kind Maine is providing, it’s difficult to get a grasp on how pervasive the problem is. “It’s not like it makes your food taste funny,” Pingree says.

How the Trump administration will handle PFAS remains an open question. The EPA has told advocates that its risk assessment on PFOA and PFOS in biosolids—the required first step to create more regulations—is due at the end of this year, but any further regulations will be out of Biden bureaucrats’ hands. Lee Zeldin, Trump’s pick to lead the EPA, has a history of voting in favor of PFAS protections. Project 2025, meanwhile, explicitly calls for the EPA to reverse its designation of PFAS as hazardous chemicals under the Superfund law. Environmental advocates worry that the administration could prolong the implementation of the new drinking water standards, even if it ultimately decides not to roll them back. One waste management executive told the trade publication WasteDive that he foresees a “patchwork quilt” of regulations cropping up as states continue to regulate PFAS without federal input.

For an agency that seems to just now be finding its stride on regulating PFAS, an industry-friendly administration could spell trouble for the crucial early work.

“If I were EPA right now, I would be very worried that [the work on the PFAS risk assessment] would all be scrapped,” says Laura Dumais, an attorney at PEER involved in its lawsuit against the EPA. “I cannot imagine this next administration, based on the positions that it took last time around, would go against industry and for public health.”

Even with an agency committed to regulating the chemicals in our environment, the problems posed by PFAS seem to just keep getting bigger. Public awareness of PFAS, until recently, has mostly focused on large-scale pollution from industrial facilities or military bases making it into the water supply. But removing PFAS from biosolids isn’t as simple as removing a single point of industrial pollution. Because biosolids are made from municipal waste—what we flush down the toilet—they serve as a terrifying indicator of just how pervasive forever chemicals really are in our everyday life. We, ourselves, now shed a chemical that doesn’t degrade, that intensifies in our wastewater, and then is spread on our food. Even if all states banned biosolids use tomorrow, it wouldn’t solve the problem of eliminating PFAS within our waste system—or even help us to understand basic facts about how these chemicals contaminate our environment and affect our bodies.

“You start legislating one thing, and it’s going to have effects on another thing—that’s the case with biosolids,” McBrady says. “There’s hesitancy on the parts of some states because it’s such an intractable, big problem—where do you begin?”

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Forever Chemicals' Might Triple Teens' Risk Of Fatty Liver Disease

By Dennis Thompson HealthDay ReporterTHURSDAY, Jan. 8, 2026 (HealthDay News) — PFAS “forever chemicals” might nearly triple a young person’s risk...

By Dennis Thompson HealthDay ReporterTHURSDAY, Jan. 8, 2026 (HealthDay News) — PFAS “forever chemicals” might nearly triple a young person’s risk of developing fatty liver disease, a new study says.Each doubling in blood levels of the PFAS chemical perfluorooctanoic acid is linked to 2.7 times the odds of fatty liver disease among teenagers, according to findings published in the January issue of the journal Environmental Research.Fatty liver disease — also known as metabolic dysfunction-associated steatotic liver disease (MASLD) — occurs when fat builds up in the organ, leading to inflammation, scarring and increased risk of cancer.About 10% of all children, and up to 40% of children with obesity, have fatty liver disease, researchers said in background notes.“MASLD can progress silently for years before causing serious health problems,” said senior researcher Dr. Lida Chatzi, a professor of population and public health sciences and pediatrics at the Keck School of Medicine of USC in Los Angeles.“When liver fat starts accumulating in adolescence, it may set the stage for a lifetime of metabolic and liver health challenges,” Chatzi added in a news release. “If we reduce PFAS exposure early, we may help prevent liver disease later. That’s a powerful public health opportunity.”Per- and polyfluoroalkyl substances (PFAS) are called “forever chemicals” because they combine carbon and fluorine molecules, one of the strongest chemical bonds possible. This makes PFAS removal and breakdown very difficult.PFAS compounds have been used in consumer products since the 1940s, including fire extinguishing foam, nonstick cookware, food wrappers, stain-resistant furniture and waterproof clothing.More than 99% of Americans have measurable PFAS in their blood, and at least one PFAS chemical is present in roughly half of U.S. drinking water supplies, researchers said.“Adolescents are particularly more vulnerable to the health effects of PFAS as it is a critical period of development and growth,” lead researcher Shiwen “Sherlock” Li, an assistant professor of public health sciences at the University of Hawaii, said in a news release.“In addition to liver disease, PFAS exposure has been associated with a range of adverse health outcomes, including several types of cancer,” Li said.For the new study, researchers examined data on 284 Southern California adolescents and young adults gathered as part of two prior USC studies.All of the participants already had a high risk of metabolic disease because their parents had type 2 diabetes or were overweight, researchers said.Their PFAS levels were measured through blood tests, and liver fat was assessed using MRI scans.Higher blood levels of two common PFAS — perfluorooctanoic acid (PFOA) and perfluoroheptanoic acid (PFHpA) — were linked to an increased risk of fatty liver disease.Results showed a young person’s risk was even higher if they smoked or carried a genetic variant known to influence liver fat.“These findings suggest that PFAS exposures, genetics and lifestyle factors work together to influence who has greater risk of developing MASLD as a function of your life stage,” researcher Max Aung, assistant professor of population and public health sciences at the Keck School of Medicine, said in a news release.“Understanding gene and environment interactions can help advance precision environmental health for MASLD,” he added.The study also showed that fatty liver disease became more common as teens grew older, adding to evidence that younger people might be more vulnerable to PFAS exposure, Chatzi said.“PFAS exposures not only disrupt liver biology but also translate into real liver disease risk in youth,” Chatzi said. “Adolescence seems to be a critical window of susceptibility, suggesting PFAS exposure may matter most when the liver is still developing.”The Environmental Working Group has more on PFAS.SOURCES: Keck School of Medicine of USC, news release, Jan. 6, 2026; Environmental Research, Jan. 1, 2026Copyright © 2026 HealthDay. All rights reserved.

China Announces Another New Trade Measure Against Japan as Tensions Rise

China has escalated its trade tensions with Japan by launching an investigation into imported dichlorosilane, a chemical gas used in making semiconductors

BEIJING (AP) — China escalated its trade tensions with Japan on Wednesday by launching an investigation into imported dichlorosilane, a chemical gas used in making semiconductors, a day after it imposed curbs on the export of so-called dual-use goods that could be used by Japan’s military.The Chinese Commerce Ministry said in a statement that it had launched the investigation following an application from the domestic industry showing the price of dichlorosilane imported from Japan had decreased 31% between 2022 and 2024.“The dumping of imported products from Japan has damaged the production and operation of our domestic industry,” the ministry said.The measure comes a day after Beijing banned exports to Japan of dual-use goods that can have military applications.Beijing has been showing mounting displeasure with Tokyo after new Japanese Prime Minister Sanae Takaichi suggested late last year that her nation's military could intervene if China were to take action against Taiwan — an island democracy that Beijing considers its own territory.Tensions were stoked again on Tuesday when Japanese lawmaker Hei Seki, who last year was sanctioned by China for “spreading fallacies” about Taiwan and other disputed territories, visited Taiwan and called it an independent country. Also known as Yo Kitano, he has been banned from entering China. He told reporters that his arrival in Taiwan demonstrated the two are “different countries.”“I came to Taiwan … to prove this point, and to tell the world that Taiwan is an independent country,” Hei Seki said, according to Taiwan’s Central News Agency.“The nasty words of a petty villain like him are not worth commenting on,” Chinese Foreign Ministry spokesperson Mao Ning retorted when asked about his comment. Fears of a rare earths curb Masaaki Kanai, head of Asia Oceanian Affairs at Japan's Foreign Ministry, urged China to scrap the trade curbs, saying a measure exclusively targeting Japan that deviates from international practice is unacceptable. Japan, however, has yet to announce any retaliatory measures.As the two countries feuded, speculation rose that China might target rare earths exports to Japan, in a move similar to the rounds of critical minerals export restrictions it has imposed as part of its trade war with the United States.China controls most of the global production of heavy rare earths, used for making powerful, heat-resistance magnets used in industries such as defense and electric vehicles.While the Commerce Ministry did not mention any new rare earths curbs, the official newspaper China Daily, seen as a government mouthpiece, quoted anonymous sources saying Beijing was considering tightening exports of certain rare earths to Japan. That report could not be independently confirmed. Improved South Korean ties contrast with Japan row As Beijing spars with Tokyo, it has made a point of courting a different East Asian power — South Korea.On Wednesday, South Korean President Lee Jae Myung wrapped up a four-day trip to China – his first since taking office in June. Lee and Chinese President Xi Jinping oversaw the signing of cooperation agreements in areas such as technology, trade, transportation and environmental protection.As if to illustrate a contrast with the China-Japan trade frictions, Lee joined two business events at which major South Korean and Chinese companies pledged to collaborate.The two sides signed 24 export contracts worth a combined $44 million, according to South Korea’s Ministry of Trade, Industry and Resources. During Lee’s visit, Chinese media also reported that South Korea overtook Japan as the leading destination for outbound flights from China’s mainland over the New Year’s holiday.China has been discouraging travel to Japan, saying Japanese leaders’ comments on Taiwan have created “significant risks to the personal safety and lives of Chinese citizens in Japan.”Copyright 2026 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Photos You Should See – December 2025

Pesticide industry ‘immunity shield’ stripped from US appropriations bill

Democrats and the Make America Healthy Again movement pushed back on the rider in a funding bill led by BayerIn a setback for the pesticide industry, Democrats have succeeded in removing a rider from a congressional appropriations bill that would have helped protect pesticide makers from being sued and could have hindered state efforts to warn about pesticide risks.Chellie Pingree, a Democratic representative from Maine and ranking member of the House appropriations interior, environment, and related agencies subcommittee, said Monday that the controversial measure pushed by the agrochemical giant Bayer and industry allies has been stripped from the 2026 funding bill. Continue reading...

In a setback for the pesticide industry, Democrats have succeeded in removing a rider from a congressional appropriations bill that would have helped protect pesticide makers from being sued and could have hindered state efforts to warn about pesticide risks.Chellie Pingree, a Democratic representative from Maine and ranking member of the House appropriations interior, environment, and related agencies subcommittee, said Monday that the controversial measure pushed by the agrochemical giant Bayer and industry allies has been stripped from the 2026 funding bill.The move is final, as Senate Republican leaders have agreed not to revisit the issue, Pingree said.“I just drew a line in the sand and said this cannot stay in the bill,” Pingree told the Guardian. “There has been intensive lobbying by Bayer. This has been quite a hard fight.”The now-deleted language was part of a larger legislative effort that critics say is aimed at limiting litigation against pesticide industry leader Bayer, which sells the widely used Roundup herbicides.An industry alliance set up by Bayer has been pushing for both state and federal laws that would make it harder for consumers to sue over pesticide risks to human health and has successfully lobbied for the passing of such laws in Georgia and North Dakota so far.The specific proposed language added to the appropriations bill blocked federal funds from being used to “issue or adopt any guidance or any policy, take any regulatory action, or approve any labeling or change to such labeling” inconsistent with the conclusion of an Environmental Protection Agency (EPA) human health assessment.Critics said the language would have impeded states and local governments from warning about risks of pesticides even in the face of new scientific findings about health harms if such warnings were not consistent with outdated EPA assessments. The EPA itself would not be able to update warnings without finalizing a new assessment, the critics said.And because of the limits on warnings, critics of the rider said, consumers would have found it difficult, if not impossible, to sue pesticide makers for failing to warn them of health risks if the EPA assessments do not support such warnings.“This provision would have handed pesticide manufacturers exactly what they’ve been lobbying for: federal preemption that stops state and local governments from restricting the use of harmful, cancer-causing chemicals, adding health warnings, or holding companies accountable in court when people are harmed,” Pingree said in a statement. “It would have meant that only the federal government gets a say – even though we know federal reviews can take years, and are often subject to intense industry pressure.”Pingree tried but failed to overturn the language in a July appropriations committee hearing.Bayer, the key backer of the legislative efforts, has been struggling for years to put an end to thousands of lawsuits filed by people who allege they developed cancer from their use of Roundup and other glyphosate-based weed killers sold by Bayer. The company inherited the litigation when it bought Monsanto in 2018 and has paid out billions of dollars in settlements and jury verdicts but still faces several thousand ongoing lawsuits. Bayer maintains its glyphosate-based herbicides do not cause cancer and are safe when used as directed.When asked for comment on Monday, Bayer said that no company should have “blanket immunity” and it disputed that the appropriations bill language would have prevented anyone from suing pesticide manufacturers. The company said it supports state and federal legislation “because the future of American farming depends on reliable science-based regulation of important crop protection products – determined safe for use by the EPA”.The company additionally states on its website that without “legislative certainty”, lawsuits over its glyphosate-based Roundup and other weed killers can impact its research and product development and other “important investments”.Pingree said her efforts were aided by members of the Make America Healthy Again (Maha) movement who have spent the last few months meeting with congressional members and their staffers on this issue. She said her team reached out to Maha leadership in the last few days to pressure Republican lawmakers.“This is the first time that we’ve had a fairly significant advocacy group working on the Republican side,” she said.Last week, Zen Honeycutt, a Maha leader and founder of the group Moms Across America, posted a “call to action”, urging members to demand elected officials “Stop the Pesticide Immunity Shield”.“A lot of people helped make this happen,” Honeycutt said. “Many health advocates have been fervently expressing their requests to keep chemical companies accountable for safety … We are delighted that our elected officials listened to so many Americans who spoke up and are restoring trust in the American political system.”Pingree said the issue is not dead. Bayer has “made this a high priority”, and she expects to see continued efforts to get industry friendly language inserted into legislation, including into the new Farm Bill.“I don’t think this is over,” she said.This story is co-published with the New Lede, a journalism project of the Environmental Working Group

Forever Chemicals' Common in Cosmetics, but FDA Says Safety Data Are Scant

By Deanna Neff HealthDay ReporterSATURDAY, Jan. 3, 2026 (HealthDay News) — Federal regulators have released a mandated report regarding the...

By Deanna Neff HealthDay ReporterSATURDAY, Jan. 3, 2026 (HealthDay News) — Federal regulators have released a mandated report regarding the presence of "forever chemicals" in makeup and skincare products. Forever chemicals — known as perfluoroalkyl and polyfluoroalkyl substances or PFAS — are manmade chemicals that don't break down and have built up in people’s bodies and the environment. They are sometimes added to beauty products intentionally, and sometimes they are contaminants. While the findings confirm that PFAS are widely used in the beauty industry, the U.S. Food and Drug Administration (FDA) admitted it lacks enough scientific evidence to determine if they are truly safe for consumers.The new report reveals that 51 forever chemicals — are used in 1,744 cosmetic formulations. These synthetic chemicals are favored by manufacturers because they make products waterproof, increase their durability and improve texture.FDA scientists focused their review on the 25 most frequently used PFAS, which account for roughly 96% of these chemicals found in beauty products. The results were largely unclear. While five were deemed to have low safety concerns, one was flagged for potential health risks, and safety of the rest could not be confirmed.FDA Commissioner Dr. Marty Makary expressed concern over the difficulty in accessing private research. “Our scientists found that toxicological data for most PFAS are incomplete or unavailable, leaving significant uncertainty about consumer safety,” Makary said in a news release, adding that “this lack of reliable data demands further research.”Despite growing concerns about their potential toxicity, no federal laws specifically ban their use in cosmetics.The FDA report focuses on chemicals that are added to products on purpose, rather than those that might show up as accidental contaminants. Moving forward, FDA plans to work closely with the U.S. Centers for Disease Control and Prevention (CDC) and the Environmental Protection Agency (EPA) to update and strengthen recommendations on PFAS across the retail and food supply chain, Makary said. The agency has vowed to devote more resources to monitoring these chemicals and will take enforcement action if specific products are proven to be dangerous.The U.S. Food and Drug Administration provides updates and consumer guidance on the use of PFAS in cosmetics.SOURCE: U.S. Food and Drug Administration, news release, Dec. 29, 2025Copyright © 2026 HealthDay. All rights reserved.

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