Firefighters with the 27th Special Operations Civil Engineer Squadron test hose water pressure before an exercise Aug. 14, 2015, at Cannon Air Force Base, N.M. (U.S. Air Force photo/Staff Sgt. Alex Mercer)

The New Mexico environment and Department of Justice on Monday announced a new lawsuit against the U.S. Department of the Air Force seeking redress for PFAS contamination at Cannon Air Force Base near Clovis.

Specifically, as delineated in a news release, the suit aims to order the Air Force to:

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 offsite migration of PFAS from contaminated media
evaluate nearby private property affected by PFAS contamination
compensate the owners of such property for losses resulting from PFAS contamination

What are PFAS?

Per- and poly-fluorinated alkyl substances – aka PFAS – are a class of thousands of manmade chemicals used in waterproofing. They are in everyday items such as cookware or takeout containers and also in fire-fighting foams for aircraft. But the chemicals’ resistance to breaking down from exposure to water, heat and sunlight mean that they are accumulating in the soil and water and in the bodies of animals and people.

Health officials have linked PFAS to health risks such as decreased fertility, immune system damage, lower vaccine effectiveness and increased cancer risks.

In January, New Mexico environment officials issued a nearly $68,000-dollar fine to the Cannon U.S. Air Force Base Tuesday, stating the military had failed to immediately report a 4,000-gallon spill of PFAS into the groundwater in August. Cannon appealed the fine in February.

The new lawsuit follows the enactment of House Bill 140 following the most recent legislative session, which expanded the state’s authority to require cleanup of PFAS. Specifically, New Mexico has argued PFAS was subject to regulation under the Hazardous Waste Act since 2019, but the Air Force disagreed and sued NMED over the issue. HB 140 explicitly designates discarded firefighting foams containing PFAS chemicals as hazardous waste.

“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 in a statement regarding the new lawsuit. “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.”

Battle between New Mexico and US Air Force to track toxic chemicals drags on

In 2018, outflows from Cannon AFB contaminated water sources with PFAS in 2018 and caused dairy farmers to euthanize thousands of cows.

“PFAS contamination poses a serious and long-term threat to our environment and our communities,” Attorney General Raúl Torrez said in a statement. “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.”

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