A federal judge last week opened the door to New Mexico’s pursuit of its ongoing civil case against Cannon Air Force Base for environmental and public health damage near Clovis.
The judge’s statements pave the way for New Mexico’s July 2024 lawsuit to serve as a national bellwether case for PFAS claims under the Comprehensive Environmental Response, Compensation, and Liability Act, commonly referred to as the federal Superfund law.
This means New Mexico is now at the forefront of states seeking compensation for damages to their natural resources due to the U.S. Air Force’s decades-long use of toxic PFAS-laden firefighting foam. This foam, which leaked into nearby groundwater, has been linked to severe health issues for Clovis residents and significant harm to local agriculture.
New Mexico’s case is one of hundreds consolidated in multi-district litigation in a South Carolina federal court. The overarching goal of this litigation is to hold producers and users of PFAS-laden firefighting foam accountable for contamination at both military and civilian sites across the country. Consequently, any judgment in the New Mexico case could establish a crucial precedent for states nationwide in holding polluters responsible.
“When I arrive at the federal courthouse in Charleston, I carry with me the heart-wrenching kitchen table conversations I had with families in Clovis about cancers and other health problems inflicted on them by the Air Force’s reckless discharge of PFAS,” New Mexico Environment Department Secretary James Kenney said. “We’re fighting for families who lost loved ones or the family farm, who worry about letting their children drink contaminated water, or who are now upside down on a mortgage because PFAS contamination caused their property values to crater. We will make these New Mexican voices heard until they are made whole by the United States.”
Attorney General Raúl Torrez said there are broader implications of the case.
“For too long, the federal government has ignored its responsibility to clean up the toxic legacy it left behind in communities like Clovis,” said Attorney General Raúl Torrez. “This case gives us the opportunity to establish once and for all that the United States can and will be held accountable for poisoning our water, harming our residents and threatening our agricultural economy. We are proud to lead this fight — not just for New Mexico, but for every community impacted by PFAS contamination.”
Natural Resources Trustee Maggie Hart Stebbins highlighted the urgency of the situation, particularly concerning the Ogallala Aquifer.
“The residents of Eastern New Mexico will benefit from today’s action because there is a great urgency to the State’s natural resources damage claim,” Stebbins said. “We all know that the Ogallala Aquifer — the historic sole water source for Cannon Air Force Base, the City of Clovis, and surrounding communities — is being depleted at an alarming rate and we have no time to waste. The U.S. Air Force’s delay in taking responsibility for their groundwater contamination is making it harder and harder to find solutions that will preserve and protect groundwater resources and ensure the viability of our communities in Eastern New Mexico.”
A favorable decision, finding the United States liable for natural resource damages under the Superfund law, would compel the federal government to compensate New Mexico for ongoing groundwater contamination. This would involve covering the costs of projects aimed at restoring, protecting, conserving or replacing groundwater resources. Furthermore, a declaration of liability would necessitate the United States to collaborate with New Mexico to address the PFAS contamination crisis surrounding Cannon AFB.
This federal litigation proceeds in parallel with a separate lawsuit filed earlier this week by the State of New Mexico. While the federal court claims focus on monetary damages and environmental restoration to pre-contamination levels, the state court claims seek civil penalties and demand actions from the U.S. Air Force to comply with state hazardous waste requirements.