The New Mexico Environment Department (NMED) and the New Mexico Department of Justice (NMDOJ) have filed a lawsuit against the U.S. Department of the Air Force. The legal action demands that the Air Force address PFAS contamination at Cannon Air Force Base near Clovis.
This lawsuit follows House Bill 140, which was signed into law by Governor Michelle Lujan Grisham earlier this year. The new legislation expands state authority over PFAS regulation. "After years of contesting responsibility, today’s lawsuit puts every one of the Air Force’s excuses to rest," said Environment Department Secretary James Kenney. He criticized the Air Force for disputing NMED's authority instead of focusing on cleaning up local drinking water sources affected by PFAS.
Attorney General Raúl Torrez emphasized the seriousness of PFAS contamination, stating, "PFAS contamination poses a serious and long-term threat to our environment and our communities." He affirmed their commitment to holding the federal government accountable and preventing further harm from these chemicals.
New Mexico has argued since 2019 that PFAS should be regulated under the Hazardous Waste Act, but faced opposition from the USAF, which led to a previous lawsuit against NMED. House Bill 140 now designates firefighting foams containing PFAS as hazardous waste at the state level.
For decades, PFAS releases near Clovis have resulted in a groundwater plume extending four miles southeast of Cannon AFB. This has led to significant agricultural damage, including the euthanizing of 3,500 dairy cows due to contaminated groundwater.
The lawsuit seeks not only cleanup efforts and civil penalties but also demands that the USAF end non-emergency use of PFAS-containing foam at Cannon AFB. It also calls for water treatment systems for affected residents, installation of drinking water lines for those with private wells in spill areas, regular public meetings with locals, stormwater controls to prevent offsite migration of contaminants, property valuation for affected areas, and compensation for property losses due to contamination.
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