A newly elected state representative from Cleburne is calling on companies that manufacture sewage-based fertilizer to limit forever chemicals after five farmers from Grandview sued, alleging the chemicals are killing their livestock, ruining their land and robbing them of their livelihood.

Helen Kerwin, R-Cleburne, filed House Bill 1674 on Dec. 19.

The proposed legislation would require companies that manufacture fertilizer from treated sewage sludge to reduce concentrations of certain forever chemicals and test the products monthly before they are sold to farmers and ranchers.

If the test results show high levels of forever chemicals, then the products must be incinerated or taken to a landfill designated for hazardous waste.

The manufacturers would also be required to publish the test results on their websites, according to the proposed bill.

If the companies fail to comply with the law, they could be charged with a Class A misdemeanor, which could include a $4,000 fine or one year in jail.

Kerwin wrote on X that It is with great pride that “I am introducing my first bill, HB 1674, to address the toxic forever chemicals that are being applied to farm and ranch lands in our district of Johnson and Somervell Counties as well as throughout the state of Texas.”

Forever chemicals were first introduced in the 1940s and are used in nonstick cookware, clothing, carpet and other products. The chemicals get their name because they don’t break down over time, and they have been known to cause health problems such as cancer.

Attorney General Ken Paxton recently sued 3M and DuPont alleging that the companies did not provide truthful information about forever chemicals.

Attorneys representing the farmers in their suits against the EPA and Synagro, which manufactures granulate fertilizer from sewage sludge, praised the legislation and said Texas needs to limit the forever chemicals.

“We are hopeful that Texas will become a leader in regulating forever chemicals in sewage sludge,” Mary Whittle, an Austin-based attorney representing the farmers in their suit against Synagro said in an email to the Star-Telegram.

“Protecting our food supply and farmland should be a bipartisan issue we can all get behind. EPA has known that using sludge as fertilizer was dangerous for decades but did nothing. Texas should step in and show that we are not afraid to take measures to protect our farmers and ranchers and our water and food,” she said.

Laura Dumais, an attorney with the Public Employees for Environmental Responsibility or PEERS, the nonprofit that is representing the farmers in their suit against the EPA.

Dumais said that she agrees that limiting forever chemicals is a nonpartisan issue.

What’s happening with the lawsuits

The suits against Synagro and the EPA are winding their way through the courts.

Whittle said that Synagro filed a motion to transfer the case from Maryland, where it was originally filed, to Johnson County, but now, the company wants to move the case because there are concerns about getting a fair trial.

The EPA wants the case dismissed, arguing that the agency has the authority to regulate particular substances and is not reviewable in court, Dumais said.

While the legal battle continues, the farmers are losing more livestock.

On Christmas day, Tony and Karen Coleman, who are among the five farmers suing the EPA and Synagro, lost a cow that they had to drag out of the pond behind their home, Whittle said.

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