Commonwealth proceeding targets per- and polyfluoroalkyl substance contamination
Before Australia’s Federal Court, the Commonwealth of Australia has initiated legal proceedings seeking damages against 3M Australia Pty Ltd and 3M Company in connection with per- and polyfluoroalkyl substances (PFAS) contamination at 28 defence bases across the country.
“Defence is seeking more than $2 billion in damages to recover significant past and future expenses incurred by investigating and managing contamination resulting from the historical storage and use of AFFF,” said Peter Khalil, assistant defence minister, in a media release.
Specifically, the Commonwealth is pursuing damages in an effort to recover substantial taxpayer costs for investigating, managing, and remediating contamination arising from 3M’s aqueous film-forming foam (AFFF) containing PFAS.
“The Commonwealth has commenced this legal action to pursue appropriate accountability through the Federal Court and to seek recovery of costs borne by the Commonwealth in responding to PFAS contamination at Defence bases,” said Michelle Rowland, attorney-general, in the media release.
“These court proceedings are about recovering the significant costs Defence has and will continue to incur while investigating and managing the Defence Estate and supporting Australians affected by PFAS,” Khalil added.
According to Rowland’s and Khalil’s joint media release, the legal action asserted that 3M:
“The Government is committed to holding 3M to account for the economic and environmental harms associated with PFAS contamination,” Rowland said in the media release.
“I have visited communities right across Australia that have been affected by PFAS contamination, and they need action,” Khalil added.
According to the joint media release, PFAS are chemicals found in legacy firefighting foams for many years, including on defence sites. The joint media release clarified that Australia no longer uses foams with PFAS because of associated environmental contamination issues.
“This is about ensuring these issues are addressed through proper legal processes,” Rowland said.
The joint media release stated that Australia’s Department of Defence utilises responsible methods for managing and remediating PFAS-contaminated environments on and around defence bases.
“Defence has spent over $1.3 billion on its PFAS response, and continues to work closely with state and local authorities to support local communities near bases affected by PFAS, and that work will continue,” Khalil said.
