New Mexico's PFAS Lawsuit Could Spark National Trend
In New Mexico, PFAS have sparked a legal battle. The state is suing the U.S. Air Force over the four-mile chemical plume stemming from Cannon air force base, which the military has refused to address.
New Mexico is no stranger to the hardships caused by PFAS. In October 2022, contamination from military bases infiltrated nearby dairy cows, resulting in the euthanasia of more than 3,000 cows.
Wildlife in New Mexico has been found to have the highest PFAS contamination on record, specifically plants and animals living around Holloman Lake. The lake is a man-made chain of wetlands that receives treated wastewater from Holloman Air Force Base, which has convinced environmental officials “beyond a reasonable doubt that Holloman Air Force base loading for decades into the groundwater and the surface water there caused the PFAS levels we’re seeing.”
The state’s claims against Cannon Air Force Base are part of multi-state litigation in South Carolina, comprising more than 10,000 cases from across the country also seeking damages from PFAS at civilian and military sites.
If Cannon is found responsible for the contamination under Superfund law, the federal government will be required to clean to “pre-pollution standards.”
James Kenney, New Mexico Environment Department Secretary, said, “Everything is at stake for us in this multi-district litigation.” The outcome of the case will indicate how others will be decided and could impact settlement negotiations with the federal government and chemical manufacturers.
The case will be a landmark going forward as the United States continues to fight PFAS contamination. Attorney General Raúl Torres said, “We are proud to lead this fight — not just for New Mexico, but for every community impacted by PFAS contamination.”