The Commonwealth has commenced legal action in the Federal Court of Australia against 3M Australia Pty Ltd and 3M Company for damages to recover costs relating to per- and poly-fluoroaklyl substances (PFAS) contamination at 28 Defence bases across Australia.
PFAS are chemicals that are contained in legacy firefighting foams for many years, including on Defence sites.
The Commonwealth’s case includes allegations that:
- 3M withheld a range of information and misrepresented the effects of 3M’s aqueous film-forming foam (AFFF). This included what it knew about the environmental risks of AFFF;
- 3M did not fully disclose what it knew about the environmental risks of AFFF; and
- 3M gave assurances about disposal and environmental safety that were inconsistent with what the company knew at the time.
This action will see the Commonwealth seek damages to recover significant costs taxpayers have carried for investigating, managing and remediating contamination resulting from 3M’s AFFF containing PFAS.
The Department of Defence continues to use responsible methods to manage and remediate PFAS contaminated environments on and around Defence bases.
Attorney-General, Michelle Rowland:
“The Government is committed to holding 3M to account for the 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 Minister for Defence, Peter Khalil:
“I have visited communities right across Australia that have been affected by PFAS contamination, and they need action. That’s why the Commonwealth commenced this legal action today.
“Defence is seeking more than $2 billion in damages to recover significant past and future expenses incurred by investigating and managing contamination resulting from the historical storage and use of AFFF.
“These court proceedings are about recovering the significant costs Defence has and will continue to incur while investigating and managing the Defence Estate and supporting Australians affected by PFAS.
“Defence has spent over $1.3 billion on its PFAS response, and continues to work closely with state and local authorities to support local communities near bases affected by PFAS, and that work will continue.”