The New Mexico Environment Department (NMED) and the New Mexico Department of Justice (NMDOJ) today announced a new lawsuit against the U.S. Department of the Air Force, demanding the cleanup of toxic PFAS contamination at Cannon Air Force Base near Clovis.
The lawsuit leverages new state authority granted by House Bill 140, recently signed into law by Gov. Michelle Lujan Grisham.
“After years of contesting responsibility, today’s lawsuit puts every one of the Air Force’s excuses to rest,” Environment Department Secretary James Kenney said. “The Air Force has spent years contesting the Environment Department’s authority as opposed to any meaningful cleanup of the toxic PFAS contamination in local drinking water sources that serve both residents and dairy farmers.”
New Mexico has maintained since 2019 that PFAS falls under the Hazardous Waste Act. However, the USAF disagreed and previously filed a lawsuit against the NMED. To strengthen the state’s position, House Bill 140 was introduced during the last legislative session, explicitly designating discarded firefighting foams containing PFAS chemicals as hazardous waste. This clarifies state-level regulation even when these substances are not federally listed by the U.S. Environmental Protection Agency.
According to the NMED and NMDOJ, for decades, the USAF released PFAS into the environment near Clovis, creating a groundwater plume that extends approximately four miles southeast of Cannon AFB. This toxic plume has severely impacted the community, leading to the euthanization of 3,500 dairy cows poisoned by contaminated groundwater, devastating local agriculture.
“PFAS contamination poses a serious and long-term threat to our environment and our communities,” Attorney General Raúl Torrez said. “We are committed to using every legal tool available to hold the federal government accountable for the damage done on the base and the surrounding community and to prevent further harm from these dangerous ‘forever chemicals.’ New Mexicans deserve clean water, safe soil, and a future free from toxic exposure— and we won’t stop fighting until they get it.”
In addition to seeking cleanup of ongoing PFAS releases and civil penalties, the lawsuit demands that the USAF:
- End all use of PFAS-containing firefighting foam at Cannon for anything other than emergency purposes.
- Provide water treatment systems to residents whose water has been affected by PFAS contamination.
- Install drinking water lines for any willing residents currently serviced by private wells in the spill area.
- Hold regular public meetings with the community.
- Install stormwater controls and retention basins to prevent off-site migration of PFAS from contaminated media.
- Evaluate nearby private property affected by PFAS contamination.
- Compensate the owners of said property for losses resulting from PFAS contamination.
A full copy of the complaint can be found here.
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