Australia launches massive $2b lawsuit over PFAS 'forever chemicals' | RNZ News
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Australia is suing the manufacturer of the so-called "forever chemicals", per- and polyfluoroalkyl substances used in firefighting foam.<br>Photo: 123RF
Australia is suing the manufacturer of a firefighting foam containing so-called "forever chemicals" that contaminated 28 Defence Force bases across the country.
The federal government is seeking A$2 billion in damages from 3M and 3M Australia, alleging the company withheld the results of its own environmental laboratory testing that showed there were significant adverse environmental effects associated with its PFAS products.
It is the largest legal claim ever brought by the Commonwealth.
Read more : Investigations into toxic firefighting foam in New Zealand
Attorney-General Michelle Rowland said the government was seeking to recover the "significant costs" of investigating, managing and remediating contamination from legacy use at Defence sites.
"This misconduct has contributed to substantial costs for Defence and the Australian taxpayer, including over $1 billion to date to investigate, remediate and mitigate PFAS contamination at Defence estate sites," Ms Rowland said.
"This is a government that is prepared to take on one of the biggest multinational corporations in the world," she said.
3M has faced a litany of lawsuits over PFAS contamination across the globe.
In 2023, it settled a US$10.3 billion claim with a number of American public water providers to test for and treat the substances.
The company did not admit liability.
PFAS is a group of laboratory-made chemicals that persist in the environment, bioaccumulate and are potentially toxic.
3M is one of the world's largest manufacturers of the chemicals, which are used in products such as firefighting foam, cosmetics and non-stick cookware.
Hotspots in Australia tend to be near Royal Australian Air Force bases, where firefighting foam was widely used.
PFAS, which leaches into water systems, is found in the blood of people and animals throughout the world.
Studies have linked exposure to these chemicals with diseases such as high cholesterol, lower birth weight in babies and an increased risk of testicular and kidney cancer.
In 2023 the federal government settled a class action over PFAS contamination from firefighting foam at seven Defence sites across the country.
It paid out A$132 million to about 30,000 claimants who alleged they were exposed to the chemicals that leached into groundwater around the military bases.
The settlement followed a A$212m PFAS payout for property value loss and distress in the communities of Katherine in the Northern Territory, Oakey in Queensland and Williamtown in New South Wales.
The aqueous film forming foams (AFFF) have been slowly phased out of use in Australia since 2003, but were used for more than three decades since the 1970s.
Australia launched legal action against 3M Australia in the Federal Court.<br>Photo: JAKUB PORZYCKI / AFP
In May 2000, 3M announced it was phasing out the foam and US authorities warned the Australian government on the same day that the foam's key chemical ingredients "potentially pose a risk to human health".
Documents show Australia's Department of Defence did not fully replace the 3M foam until July 2012.
Late last year a Senate inquiry into the extent, regulation and management of PFAS in Australia made 47 recommendations, including that the federal government should pursue legal action against 3M and other manufacturers to fund site remediation.
The inquiry chair, senator Lidia Thorpe, said that any money recouped from legal action must be spent on remediation and to address future environmental and community impacts.
"This must not primarily be a cost recovery exercise to bolster the budget," Senator Thorpe said in a statement.
She said the government's decision not to pursue damages for health impacts was "deeply concerning".
One of the key recommendations from the inquiry was for the government to provide subsidised PFAS blood testing, enhanced cancer and health screening, and targeted mental health support for people with the highest levels of exposure.
"Today's announcement is a significant step, but we cannot stop here," Senator Thorpe said.
- ABC
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