BRIEF OF PLAINFIELD TOWNSHIP, PENNSYLVANIA; TOWN OF THURSTON, NEW YORK; AND TOWN OF CAMERON, NEW YORK AS AMICI CURIAE IN SUPPORT OF APPELLANTS AND REVERSAL

The brief supports the reversal of a district court decision that dismissed claims against the EPA for failing to regulate PFAS in sewage sludge. It asserts that PFAS are highly toxic 'forever chemicals' commonly found in sewage sludge used as fertilizer, which contaminates soil, water, and food chains. The authors argue that local governments in Pennsylvania and New York face significant technical, fiscal, and legal hurdles—including state preemption and 'Right to Farm' laws—that prevent them from protecting residents. Legally, the brief contends that CWA Section 405(d)(2)(C) requires the EPA to not only review but also promulgate regulations for newly identified toxic pollutants at least every two years.

• PFAS are persistent, human-made chemical compounds that accumulate in the body and environment, with exposure linked to serious health issues including certain cancers and annual costs to Americans of up to $63 billion.
• The land application of sewage sludge creates multiple exposure pathways, as PFAS can enter the soil, become airborne, leach into groundwater, and run off into surface water, contaminating food, air, and water.
• The EPA has identified PFOA and PFOS as highly toxic, noting that concentrations as low as one part per billion (ppb) in sewage sludge can exceed acceptable cancer and non-cancer risk thresholds.
• Local governments struggle to regulate PFAS in sewage sludge due to a lack of technical and administrative capacity, limited fiscal resources for environmental protection, and legal challenges such as state preemption and 'Right to Farm' laws.
• State-level regulations are largely insufficient; only Connecticut and Maine have banned the sale or land application of PFAS-contaminated sludge, while other states often only require monitoring or set thresholds (such as 50 ppb in Colorado) that far exceed health-risk levels.
• Section 405(d)(2)(C) of the Clean Water Act imposes a mandatory, non-discretionary duty on the EPA to review and promulgate regulations for additional toxic pollutants in sewage sludge at least every two years.

APA

Earthjustice (2026). BRIEF OF PLAINFIELD TOWNSHIP, PENNSYLVANIA; TOWN OF THURSTON, NEW YORK; AND TOWN OF CAMERON, NEW YORK AS AMICI CURIAE IN SUPPORT OF APPELLANTS AND REVERSAL. https://earthjustice.org/wp-content/uploads/2026/03/epa_pfas_sewagesludge_amici-curiae-brief_2026.pdf

Chicago

Earthjustice. BRIEF OF PLAINFIELD TOWNSHIP, PENNSYLVANIA; TOWN OF THURSTON, NEW YORK; AND TOWN OF CAMERON, NEW YORK AS AMICI CURIAE IN SUPPORT OF APPELLANTS AND REVERSAL. 2026. https://earthjustice.org/wp-content/uploads/2026/03/epa_pfas_sewagesludge_amici-curiae-brief_2026.pdf.

Wikipedia

{{cite report |author=Earthjustice |title=BRIEF OF PLAINFIELD TOWNSHIP, PENNSYLVANIA; TOWN OF THURSTON, NEW YORK; AND TOWN OF CAMERON, NEW YORK AS AMICI CURIAE IN SUPPORT OF APPELLANTS AND REVERSAL |date=24 March 2026 |url=https://earthjustice.org/wp-content/uploads/2026/03/epa_pfas_sewagesludge_amici-curiae-brief_2026.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{earthjustice2026brief, author = {{Earthjustice}}, title = {{BRIEF OF PLAINFIELD TOWNSHIP, PENNSYLVANIA; TOWN OF THURSTON, NEW YORK; AND TOWN OF CAMERON, NEW YORK AS AMICI CURIAE IN SUPPORT OF APPELLANTS AND REVERSAL}}, institution = {Earthjustice}, year = {2026}, month = mar, url = {https://earthjustice.org/wp-content/uploads/2026/03/epa_pfas_sewagesludge_amici-curiae-brief_2026.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }