New Mexico Sun

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James Kenney, Cabinet Secretary | New Mexico Environment Department

New Mexico seeks court order against Cannon AFB over denied PFAS testing

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New Mexico state officials are seeking a court order to compel Cannon Air Force Base to allow environmental inspectors access for testing toxic PFAS contamination. The request follows the base's refusal to permit New Mexico Environment Department (NMED) inspectors to conduct sampling during a regulatory inspection on July 15.

Environment Secretary James Kenney criticized the U.S. Air Force for its actions, stating, "Denying access to state inspectors to sample for toxic PFAS contamination while claiming to value relationships and embrace transparency is downright insulting to New Mexicans." He added that the Air Force's actions contradict their promises and reflect a pattern of behavior from federal authorities disconnected from local communities.

Attorney General Raúl Torrez also expressed his concerns, noting, "The Air Force’s refusal to allow state inspectors to measure the impact of their actions in releasing cancer-causing chemicals into our communities is just one more example of the federal government’s refusal to accept responsibility for the welfare of the citizens they have sworn an oath to protect."

The issue stems from a longstanding dispute over PFAS contamination linked to firefighting foams used at Cannon Air Force Base. The U.S. Air Force has been resisting cleanup orders from New Mexico since 2019 and previously sued the state over these responsibilities. Despite Governor Michelle Lujan Grisham signing House Bill 140, which classifies discarded firefighting foams containing PFAS as hazardous waste, the Air Force maintains that PFAS is not covered under its hazardous waste permit.

PFAS levels at Cannon Air Force Base have been reported at concentrations significantly exceeding both state and federal water quality standards. The contamination has had severe impacts on local agriculture, including forcing a dairy farm to euthanize thousands of cows due to poisoned groundwater.

The motion for preliminary injunction can be accessed online.

Information from this article can be found here.

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