B&D represented the National Association of Clean Water Agencies (NACWA) in securing dismissal of a lawsuit challenging the U.S. Environmental Protection Agency’s (EPA) decisions regarding the study and regulation of PFAS in biosolids. NACWA was a Defendant Intervenor in the case on the side of EPA following NACWA’s successful motion for intervention in 2024.
In a published decision issued on September 29, Judge Dabney Friedrich of the U.S. District Court for the District of Columbia rejected plaintiffs’ efforts to compel EPA to immediately regulate certain PFAS. Farmer et al. v. EPA, --- F.Supp.3d ----, 2025 WL 2761225 (D.D.C. Sept. 29, 2025). The district court held that EPA retains discretion under the Clean Water Act to determine which pollutants to study and regulate, and that its biennial reporting does not constitute final agency action under the Administrative Procedure Act.
B&D Principals Allyn L. Stern, Jimmy Slaughter, and Of Counsel Tap Kolkin represented NACWA, working closely with NACWA General Counsel Amanda Aspatore.
Ms. Aspatore commented:
"NACWA intervened in the case on behalf of its public clean water utility members because of the importance of science-based PFAS regulations to cities nationwide. The ruling will help ensure that biosolids regulations will continue to be based on well-established Clean Water Act regulatory processes that provide for thorough analysis and public participation. Those processes — not piecemeal lawsuits initiated by private parties — are what will result in sound PFAS regulations and workable PFAS solutions."
The decision was covered inLaw360, Waste Dive,and Inside EPA.
B&D’s robust Chemicals, Water, and Litigation practices have represented municipalities, contractors, trade associations, and farmers regarding biosolids issues since the firm’s founding in 1974. B&D helps companies and trade associations navigate the increasing regulation of PFAS and other chemicals. Our lawyers frequently assist in commenting on, and bringing legal challenges to, EPA rulemakings and risk assessments. For more information, please contact the authors.