The New Mexico Environment Department (NMED) and the New Mexico Department of Justice (NMDOJ) have initiated legal action against the U.S. Department of the Air Force, demanding the cleanup of PFAS contamination at Cannon Air Force Base near Clovis. This lawsuit follows the recent enactment of House Bill 140, signed into law by Governor Michelle Lujan Grisham, which strengthens state authority over such environmental issues.
Environment Department Secretary James Kenney said, "After years of contesting responsibility, today’s lawsuit puts every one of the Air Force’s excuses to rest." He criticized the Air Force for focusing on disputing regulatory authority rather than addressing the PFAS contamination affecting local drinking water sources.
Attorney General Raúl Torrez emphasized the long-term environmental threat posed by PFAS, saying, "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."
Since 2019, New Mexico has considered PFAS subject to regulation under its Hazardous Waste Act. However, this was contested by the USAF, leading to a lawsuit against NMED. The newly passed HB 140 explicitly categorizes discarded firefighting foams containing PFAS as hazardous waste at a state level.
For decades, PFAS release near Clovis has resulted in a groundwater plume extending four miles southeast of Cannon AFB. This has led to significant agricultural impacts, including the euthanizing of 3,500 dairy cows due to contaminated groundwater.
The lawsuit demands that USAF cease non-emergency use of PFAS-containing firefighting foam at Cannon AFB and implement several remedial measures. These include providing water treatment systems and new water lines for affected residents, holding public meetings with locals, installing stormwater controls to prevent further contamination spread, valuating affected private properties, and compensating property owners for losses due to contamination.
A full copy of the complaint is available for public review.
Information from this article can be found here.
