Massachusetts Federal Court Concludes that Biopellets Containing PFAS are “Useful Products,” Providing Defense to Superfund Liability – Update from Manko Gold Katcher Fox

March 2, 2026

Sean C. Kellem, Esq.

MGKF Litigation Blog

A federal district court in Massachusetts recently issued companion decisions addressing the “useful product defense” in the context of biosolids that contain per- and polyfluoroalkyl substances (PFAS).  In twin orders dated December 30, 2025, the court held that biosolid pellets, or “biopellets”—which are produced from treated wastewater solids and used as fertilizer—are “useful products,” providing a defense to liability under Massachusetts’s analogue to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Read the full blog post.