New Mexico wants federal government to pay for PFAS cleanup at air force bases

NEW MEXICO (KRQE) – With growing concern over the presence of so-called “forever chemicals,” the state of New Mexico is looking to force the federal government to foot the bill to clean up per-and polyfluoroalkyl substances (PFAS) contamination.

The state’s environment department and the attorney general have been working to hold the U.S. Department of Defense accountable for contamination at Cannon and Holloman Air Force Bases. Now, they are expanding the scope of a lawsuit and using a new federal rule to try to get the Department of Defense to pay for cleanup.

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Under the expanded lawsuit, the state is trying to get the Department of Defense to pay for cleanup at Cannon Air Force Base, Holloman Air Force Base, Kirtland Air Force Base, White Sands Missile Range and Fort Wingate. The hope is to get the federal government to pay for both public and private water cleanup near the bases.

“The releases of PFAS into the ground surrounding Cannon Air Force Base and other DOD facilities have injured the most valuable natural resource on Earth – our water. PFAS has now contaminated freshwater aquifers on which the communities and hardworking people of New Mexico depend,” Maggie Hart Stebbins, New Mexico’s natural resource trustee, said in a press release. “Our residents suffer when they can’t use that groundwater and it’s time for the federal government to compensate communities that are bearing the burden of its pollution.”

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Recently the U.S. Environmental Protection Agency (EPA) recently designated several PFAS substances as “hazardous substances” under the same law that governs Superfund sites, and the EPA clarified its definition for what qualifies for “corrective action” and cleanup. The lawsuit that New Mexico is bringing against the Department of Defense uses the recent EPA changes to argue that the federal government should pay for the cleanup.

“We applaud the EPA’s listing of certain PFAS, or ‘forever chemicals,’ as hazardous substances under the Superfund statute,” New Mexico Attorney General Raúl Torrez said in a press release. “This enables us to pursue monetary damages and costs at federal facilities, as stated in our amended complaint. We are committed to holding all responsible parties, including federal agencies, accountable for their contamination to protect public health and safety.”

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