The Australian government has initiated legal proceedings against American multinational 3M over environmental contamination caused by firefighting foam supplied by the company. The foam contained per- and poly-fluoroalkyl substances (PFAS), often referred to as 'forever chemicals.' Australia is seeking more than 2 billion Australian dollars ($1.43 billion) in damages, marking the largest legal action ever brought by the country.
Details of the Legal Action
The case has been filed in the Federal Court of Australia against 3M Australia Pty Ltd and 3M Company. The government aims to recover costs related to PFAS contamination at 28 defense bases across the nation. According to officials, the claim reflects past and future environmental, economic, and cultural costs of the contamination. The Commonwealth will seek damages to recoup significant expenses borne by taxpayers for investigating, managing, and remediating the contamination resulting from 3M's aqueous film-forming foam (AFFF) containing PFAS.
Government Stance
Attorney-General Michelle Rowland stated, 'Make no mistake, this legal action against 3M is significant. The Government is committed to holding 3M to account for the economic and environmental harms associated with PFAS contamination. This misconduct has contributed to substantial costs for defence and the Australian taxpayer, including over $1 billion to date to investigate, remediate, and mitigate PFAS contamination at defence estate sites.'
Understanding PFAS
PFAS are chemicals known for their water-resistant and non-stick properties. They have been used in legacy firefighting foams for many years, including on defense sites. These substances can also be found in mobile phones, clothing, and non-stick cooking pans. Their persistence in the environment has earned them the nickname 'forever chemicals.'
Australia's Allegations Against 3M
The Australian government, which used the firefighting foam at 28 defense bases, alleges that 3M provided assurances that the substance was safe to dispose of, biodegradable, and non-toxic. The allegations against 3M include:
- Withholding information: 3M allegedly withheld a range of information and misrepresented the effects of its AFFF, including what it knew about environmental risks.
- Incomplete disclosure: The company did not fully disclose its knowledge of environmental risks associated with AFFF.
- Misleading assurances: 3M gave assurances about disposal and environmental safety that were inconsistent with what the company knew at the time.
3M's Response
A spokesperson for 3M told Reuters that the company would 'defend ourselves against these claims through the legal process.' The company further noted that Australia's Department of Defence continued using PFAS-containing firefighting foams for 20 years after 3M stopped selling the product in Australia.
