Toxic Fertilizer Industry Pushes for Legal Protections Amid Health Concerns

The fertilizer market faces mounting scrutiny as concerns about harmful "forever chemicals" surface, prompting sellers to seek congressional protection from lawsuits.

For years, Synagro, a fertilizer company under the control of Goldman Sachs, has been generating considerable profits from an unexpected resource: sewage sludge. This sludge, repurposed into fertilizer—commonly referred to as biosolids—has drawn criticism due to its potential contamination with harmful "forever chemicals," specifically PFAS (per- and polyfluoroalkyl substances). These substances have been linked with severe health implications such as cancer and birth defects.

Reports indicate that more farmers are discovering PFAS contamination in their soil, water, crops, and livestock, which has alarmed agricultural communities. In response to these findings, the Environmental Protection Agency (EPA) recently classified two frequently found types of PFAS as hazardous substances under the Superfund law.

In the face of increasing liability, Synagro is spearheading a lobbying campaign aimed at Congress, advocating for legal protections that would limit farmers' and others' ability to pursue lawsuits for cleanup efforts in areas affected by the contaminated fertilizer. Within this campaign, lobbying records reveal that Synagro's executive leadership plays a significant role.

In March, industry representatives submitted a letter to the Senate Committee on Environment and Public Works, claiming that their companies should not be held liable for the presence of these chemicals, arguing that the pollutants were part of the sludge prior to its conversion into fertilizer. Their lobbying efforts have already yielded some success, as evidenced by a recent bill proposed by Senators John Boozman and Cynthia Lummis. This legislation aims to safeguard sludge companies, including Synagro, from potential lawsuits, while similar legislation is also under consideration in the House.