Australia sues 3M for record-breaking sum over Pfas ‘forever chemicals’ in firefighting foam | Toxic firefighting chemicals
The Australian government said on Thursday it had taken legal action against multinational manufacturer 3M, seeking more than $2 billion ($1.4 billion) in damages over Pfas chemical contamination at defense bases.
The use of per- and polyfluoroalkyl substances, known as “forever chemicals,” in firefighting foam has caused major environmental and economic harm, giving rise to the largest legal claim ever brought by the federal government, Attorney General Michelle Rowland said.
Pfas products are no longer used in Australia due to long-standing concerns about environmental pollution and health risks.
Chemicals are widely used in the production of heat, stain, oil and water resistant products. However, they do not break down naturally like other products, and where they are used requires expensive remediation.
Health risks associated with Pfas use include liver damage, low birth weight, and testicular cancer.
“This is a government prepared to confront one of the world’s largest multinational corporations for the good of Australian citizens,” Rowland said.
“This abuse has contributed to significant costs for defense and Australian taxpayers, including over $1 billion to date to investigate, remediate and mitigate Pfas contamination at defense installations.”
The government alleges that US-based manufacturing giant 3M and its subsidiary 3M Australia withheld and misrepresented information about the effects of aqueous film-forming foam, failed to disclose what it knew about environmental risks, and gave assurances about disposal and environmental safety that were inconsistent with what the company knew.
“The government is committed to holding 3M accountable for the economic and environmental harms associated with Pfas contamination,” Rowland said.
Deputy defense minister Peter Khalil said 28 defense bases across Australia were affected by the chemicals and more than 200,000 tonnes of contaminated soil had to be removed and treated.
More than 13 billion liters of water were used in multi-year decontamination efforts. Defense began phasing out Pfas chemicals in 2004.
“These court proceedings relate to recovering the significant costs that Defense has incurred and will continue to incur in investigating and managing defense property and supporting Australians affected by Pfas,” Khalil said.
The company has set a 2025 deadline to cease production of Pfas chemicals in late 2022.
A spokesman told Guardian Australia 3M had never produced Pfas in Australia and stopped selling the products “about two decades ago”.
“Despite this, the Department of Defense continued to use firefighting foams containing Pfas for nearly two decades, as noted in a recent legislative committee report.
“We will defend ourselves against these allegations through the legal process.”
The company has agreed to a US$10.3 billion deal in the US in 2023, financing the cleanup of a number of public water systems to eliminate pollution linked to “forever chemicals”.
The U.S. Environmental Protection Agency has called Pfas “an urgent public health and environmental problem.”
Greens spokesman Peter Whish-Wilson said action was needed to stop Australia becoming a global dumping ground for Pfas products.
“Large corporate plastic and plastic packaging manufacturers and retailers currently have no obligation to take responsibility for the products they release into the world,” he said.
“The onus is currently placed on the waste and resource recovery sector to safely manage the recycling or disposal of plastic packaging products containing PFAs. This is an untenable situation.”
Last year’s parliamentary inquiry into Forever Chemicals found that the risk of Pfas persisted across the country. The federal government filed a $133 million class action lawsuit in 2023 over Pfas chemicals at seven sites across the country.
