New legislation provides critical aid to Missouri farmers battling ‘forever chemicals’

BY STAN GOTTFREDSON

Farmers across Missouri are currently grappling with a critical crisis threatening not only their livelihoods but also the food security of the state. An insidious group of contaminants—per and poly-fluoroalkyl substances (PFAS), better known as “forever chemicals”—has silently infiltrated the farmland, polluting the soil and water with no easy way or remedy to clean it all up. These toxic compounds could linger in the environment for many decades and even accumulate in crops, livestock and drinking water. Yet despite their clear and undeniable danger, Missouri still lacks federal law that could protect farmers from PFAS contamination or provide them with the resources to recover.

The recently lobbied Relief for Farmers Hit with PFAS Act of 2023, a bipartisan bill reintroduced to the Senate, intends to change that by allocating millions of dollars in grants to aid the impacted agricultural community. This legislation is long overdue and must be passed immediately—not just to provide relief but to set the stage for stronger PFAS regulations that will prevent further contamination.

The devastating toll of PFAS on Missouri farmland

PFAS are synthetic substances that have been utilized to produce various industrial goods because of their ability to withstand water and heat. They are referred to as “forever chemicals” because they remain unchanged in the environment, making them difficult to eradicate and causing them to persist in the ecosystem and human bodies. Contact with these substances has been associated with a myriad of medical conditions, such as cancer, damage to the kidneys and liver, disruption of the immune system, and developmental harm to children. While the environmental and health implications of PFAS exposure are now well-documented, their effects on agriculture are frequently ignored and have not received the same level of attention.

This is the reality for the farming community in Missouri. The agricultural land in the state has been significantly polluted due to the farmers’ substantial reliance on biosolids—a form of processed sewage sludge typically applied to fields as fertilizers. Although this method has long been promoted as an environmentally friendly recycling technique, it has become evident that numerous products contain PFAS, which seep into the soil and water used for irrigating crops and other vegetation. Once these substances establish their presence, they do not simply vanish; instead, they persist for extended periods, inhibiting plant growth, diminishing crop yields and jeopardizing livestock health—issues that place farmers in a precarious position.

Missouri’s unseen agricultural concerns

Missouri ranks second in the nation for the number of farms, with nearly 88,000. According to the late 2022 agriculture census, Taney County encountered over 430 farms with 100.205 acres of farmland. However, the extensive use of PFAS-laden biosolids is now threatening the viability of the farmland, as these fertilizers have polluted the soil and water supplies. In fact, hundreds of water systems in the Show-Me State have shown varying levels of “forever chemicals,” impacting millions who depend on these sources for drinking water and agriculture.

The repercussions of this widespread contamination are not theoretical because they are already playing out in real time. Some Missouri farmers have expressed their intent to file lawsuits against companies that apply industrial sludge for their failure to disclose the risks of using their PFAS-containing products. They have likewise considered taking action against the country’s Environmental Protection Agency (EPA) for its inadequate regulation of these hazardous chemicals.

Yet despite holding responsible parties accountable, farmers still have to fend for themselves as their land becomes a toxic liability, given the lack of legal protections and federal funding for cleanup efforts. Unlike Maine, which has already prohibited the land application of biosolids, Missouri does not have a similar measure in place. That leaves the farmers across the state vulnerable to ongoing pollution, with no clear guidelines on how to prevent, detect or remediate the damage.

Taking a step forward with the new bill

Right now, there is still no comprehensive federal safety net for farmers caught in the PFAS crisis. That means there are also no national testing requirements, sufficient funds and clear plans to stop the contamination from spreading and impacting farmland. This is why lawmakers must enact the Relief for Farmers Hit with PFAS Act. Such legislation seeks to apportion $500 million from the fiscal years 2024 to 2028 to create a grant program that would help farmers test and clean their contaminated water sources while mitigating the risks brought about by pollution.

While the new Relief for Farmers Hit with PFAS Act provides a crucial starting point, it represents just the beginning of what is needed to safeguard Missouri’s agricultural community. The government must realize that farmers need not only immediate financial relief but also long-term protections to prevent “forever chemicals” from destroying farms, food supplies and rural economies further. For far too long, the farming community has been left to tackle this issue on its own. It is time for legislators to step forward and recognize that those who grow our food and nourish the nation should not have to fight this battle alone.

About the author

Stan Gottfredson is the President and CEO of Atraxia Law, a paralegal firm in San Diego, California, that has been providing assistance to victims of toxic exposure.