Commonwealth files $2 billion suit over forever chemicals
The federal government has launched a landmark legal bid for $2 billion in damages over contamination clean-ups linked to firefighting foams.
It is suing 3M Australia and 3M Company over per- and polyfluoroaklyl substances (PFAS) widely used at 28 Defence and other sites.
The Commonwealth says it has already spent $1.3 billion on clean-ups and the $2 billion sum covers past and future expenses.
Defence sites being investigated and managed include HMAS Cerberus and RAAF Base Point Cook, in Victoria, and RAAF Base Richmond and HMAS Albatross in NSW.
3M says it will fight the claim, stating: “3M has never manufactured PFAS in Australia and ceased sales of the products at issue in Australia around two decades ago.
“Despite this, the [Australian] Department of Defence continued to use PFAS-containing firefighting foams for nearly two decades longer.”
PFAS are often called forever chemicals because they do not break down naturally.
In its statement of claim, the Commonwealth alleges 3M withheld information and misrepresented the effects of its aqueous film-forming foam.
It alleges 3M did not fully disclose what it knew about the environmental risks of the foam and gave assurances about disposal and environmental safety that were inconsistent with what it knew.
Attorney-General Michelle Rowland says the government is committed to holding 3M to account for economic and environmental harms associated with PFAS contamination.
“The Commonwealth has commenced this legal action to pursue appropriate accountability through the Federal Court and to seek recovery of costs borne by the Commonwealth in responding to PFAS contamination at Defence bases.
“This is about ensuring these issues are addressed through proper legal processes.”
Assistant Defence Minister Peter Khalil says the $1.3 billion expenditure so far includes about $408 million in legal settlements.
Defence has treated or removed more than 200,000 tonnes of contaminated soil across its sites.
Mr Khalil says Defence has provided at least eight years of water assistance to eligible properties and maintained seven water treatment plants across Australia, processing more than 13 billion litres of water since PFAS contamination was identified in some communities.
Some 785 properties have received other forms of water assistance, he says.
US-based 3M is the company behind household brands such as Post-it, Scotch tape and Command wall hooks and picture hangers.