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New Mexico Attorney General Raúl Torrez Files Amended Complaint Over Forever Chemicals Cleanup Under New EPA Rules – Los Alamos Reporter

DEPARTMENT OF JUSTICE PRESS RELEASE

This afternoon, the New Mexico Department of Justice, New Mexico Department of Environment, and the New Mexico Trustee of the Office of Natural Resources filed an amended lawsuit against major companies, including 3M and DuPont, for contaminating natural resources and exposing public health to PFAS substances.

The amended complaint highlights several new elements of the State’s claims:

  1. Added other PFAS contaminated sites beyond Cannon Air Force Base: Holloman Air Force Base, Kirtland Air Force Base, White Sands Missile Range, and Fort Wingate
  2. Adding the U.S. Department of the Army as a New Defendant to the Complaint for Its Guilty Purpose of Alleged Knowledge of PFAS Contamination
  3. Applying for reimbursement, damages, and other relief from the Department of Defense under the U.S. Environmental Protection Agency’s (EPA) latest PFAS regulations.

“We appreciate the EPA’s designation of certain PFAS, or ‘forever chemicals,’ as hazardous substances under the Superfund Act,” said Attorney General Raúl Torrez. “It allows us to pursue monetary damages and costs at federal sites, as stated in our amended complaint. We are committed to holding all responsible parties, including federal agencies, accountable for their contamination in order to protect public health and safety.”

“For more than five years, the U.S. Department of Defense has failed to take responsibility for cleaning up PFAS in New Mexico — leaving New Mexicans with a legacy of toxic PFAS contamination to bear,” said New Mexico Environment Cabinet Secretary James Kenney. “Thanks to the U.S. Environmental Protection Agency’s scientific leadership on PFAS, New Mexico will now hold the U.S. Department of Defense accountable for the financial costs of cleanup and the damage to our environment.”

“PFAS leaks into the ground around Cannon Air Force Base and other DOD facilities have damaged the most precious natural resource on Earth—our water. PFAS has now contaminated the freshwater aquifers that communities and hardworking people across New Mexico depend on,” said Maggie Hart Stebbins, New Mexico Natural Resources Trustee. “Our residents are suffering when they cannot use this groundwater, and it is time for the federal government to compensate the communities that bear the brunt of its contamination.”

Developed in the 1940s, PFAS chemicals have been widely used for decades in firefighting foams and a wide range of water- and grease-resistant products, including nonstick cookware, carpets, clothing, and outdoor gear. For this reason, they are ubiquitous, prevalent in the environment and in the blood of nearly all Americans. Known as the “forever chemicals,” PFAS are best known for their resistance to oil, heat, water, and other elements. PFAS have contaminated our air, soil, surface water, groundwater, drinking water, wetlands, and other natural resources. PFAS have also been scientifically proven to increase the risk of liver damage, thyroid disease, obesity, infertility, and cancer.