Abstract
This article examines the limitations of existing federal authorities in addressing the growing threat of PFAS contamination in livestock production operations. While existing programs at the U.S. Department of Agriculture (USDA), such as the Livestock Indemnity Program, provide critical support for producers facing natural disasters, they do not cover losses related to toxic substances like PFAS. The only USDA program offering PFAS-related indemnity is the Dairy Indemnity Payment Program (DIPP), but its narrow scope limits coverage to dairy farms. Efforts to amend the statutory language of existing programs or create new ones face significant hurdles, including Congress’s rigid approach to modernizing farm assistance programs and opposition from PFAS-producing industries. This article assesses the budgetary considerations associated with expanding existing programs or creating a new PFAS indemnity program, highlighting the fiscal challenges of such an initiative. While a comprehensive PFAS indemnity program could be vital in protecting a broader range of livestock producers against future PFAS contamination, I argue that the USDA is not empowered to do so under existing authorities and that new legislative authorization is likely necessary. This analysis concludes by stressing the need for continued monitoring and proactive regulatory action to mitigate the risks of PFAS contamination in agriculture.
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Recommended Citation
Chance Mitchell,
Forever Chemicals and Livestock: Exploring Contmination of Per- and Polyfluoroalkyl Substances on Farms and Assessing USDA's Role in Indemnification,
65
Nat. Res. J.
123
(2025).
Available at:
https://digitalrepository.unm.edu/nrj/vol65/iss1/6
