The New Mexico Environment Department, the New Mexico Office of Natural Resources Trustee and the state Attorney General amended a lawsuit against the federal government for activities that led to PFAS contamination in and around military bases.  The amended lawsuit comes after  the finalization of a new rule by the U.S. Environmental Protection Agency that […]

The New Mexico Environment Department, the New Mexico Office of Natural Resources Trustee and the state Attorney General amended a lawsuit against the federal government for activities that led to PFAS contamination in and around military bases. 

The amended lawsuit comes after  the finalization of a new rule by the U.S. Environmental Protection Agency that allows states like New Mexico to recover the costs of clean-up actions as well as monetary damages to natural resources related to military base PFAS contamination. 

“For over five years, the U.S. Department of Defense failed to take accountability for PFAS clean-up in New Mexico – leaving New Mexicans with a legacy of toxic PFAS pollution to shoulder,” NMED Cabinet Secretary James Kenney said in a press release. “Thanks to the U.S. Environmental Protection Agency’s science-driven leadership on PFAS, New Mexico will now hold the U.S. Department of Defense accountable for the monetary costs of clean-up and damages to our environment.”

Under the new rule, the EPA designated two types of PFAS chemicals known as perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), that ensures polluters pay to clean up if actions cause contamination. The designation is intended to protect people from the various health risks that PFAS chemicals pose. Those risks include cancer, developmental delays and liver and heart impacts. 

In addition to asking the Department of Defense to cover past clean-up costs, the lawsuit requests that it pays for future costs and all natural resources damages at Cannon Air Force Base, Holloman Air Force Base, Kirtland Air Force Base, White Sands Missile Range and Fort Wingate. This is different from the original suit, which focused solely on damages caused by activities at Cannon and Holloman air force bases. 

The contamination has been linked to a fire suppression foam used in training exercises at the military bases. 

New Mexico is not unique in facing PFAS contamination in and around military bases, however it is the first state in the country to take advantage of the new EPA rule that went into effect on Monday.

Under the new rule, New Mexico is able to hold the military institutions accountable for the cleanup of the contamination, which has impacted both public and private water sources.

“The releases of PFAS into the ground surrounding Cannon Air Force Base and other DOD facilities have injured the most valuable natural resource on Earth – our water.  PFAS has now contaminated freshwater aquifers on which the communities and hardworking people of New Mexico depend,” ONRT Maggie Hart Stebbins said in a press release. “Our residents suffer when they can’t use that groundwater and it’s time for the federal government to compensate communities that are bearing the burden of its pollution.”

Attorney General Raúl Torrez said in a press release that he applauds the EPA’s new rule listing some of the PFAS chemicals as hazardous substances. 

 “This enables us to pursue monetary damages and costs at federal facilities, as stated in our amended complaint,” he said. “We are committed to holding all responsible parties, including federal agencies, accountable for their contamination to protect public health and safety.”