A federal judge has allowed New Mexico to proceed with its civil case against Cannon Air Force Base for environmental and public health damage near Clovis. This decision could make New Mexico's lawsuit a national bellwether case for PFAS claims under the Comprehensive Environmental Response, Compensation, and Liability Act, also known as the federal Superfund law.
New Mexico is among several states seeking compensation for damages caused by the U.S. Air Force's use of PFAS-laden firefighting foam, which contaminated groundwater and affected residents' health and local agriculture in Clovis. The state's case is part of multi-district litigation in a South Carolina federal court aiming to hold accountable those responsible for contamination at military and civilian sites nationwide.
Environment Department Secretary James Kenney expressed his commitment to representing affected families: "When I arrive at the federal courthouse in Charleston, I carry with me the heart-wrenching kitchen table conversations I had with families in Clovis about cancers and other health problems inflicted on them by the Air Force’s reckless discharge of PFAS."
Attorney General Raúl Torrez emphasized the significance of this case: "For too long, the federal government has ignored its responsibility to clean up the toxic legacy it left behind in communities like Clovis." He added that this case aims to hold the United States accountable for environmental harm.
Natural Resources Trustee Maggie Hart Stebbins highlighted concerns about water resources: "The residents of Eastern New Mexico will benefit from today’s action because there is a great urgency to the State’s natural resources damage claim."
If found liable under the Superfund law, the United States would need to compensate New Mexico for ongoing groundwater contamination. This development follows another lawsuit filed by New Mexico earlier this week focusing on civil penalties and compliance with state hazardous waste requirements.
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