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The Albanese government is seeking $2bn in damages from science and innovation conglomerate 3M Australia over PFAS contamination at defence bases across Australia.
PFAS is a group of manufactured chemicals dubbed ‘forever chemicals’ for their inability to break down in the human body or environment.
They have been part of legacy firefighting foams for decades due to their effectiveness in fighting liquid fuel fires.
Attorney-General Michelle Rowland told reporters in Canberra the government will allege 3M Australia withheld a range of information and misrepresented the effects of its aqueous film-forming foam (AFFF).
This includes allegations 3M Australia withheld its own laboratory testing of its firefighting foams which showed there were adverse environmental effects.
The commonwealth will also argue 3M Australia did not fully disclose environmental risks of AFFF.
Ms Rowland said the case was the biggest legal claim ever brought on by the government.
“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,” she said.
The contamination had affected 28 defence sites across Australia.
Assistant Defence Minister Peter Khalil, speaking alongside Ms Rowland, said there had been “significant” efforts to decontaminate the sites.
“We’ve provided alternative water sources for communities been affected. So, there’s been a significant investment and a lot of work done,” he said.
“And we’re seeking recovery of those costs and for future costs that we expect will future costs that we expect will future costs that we expect will arise in the ongoing work that needs to be done to deal with PFAS contamination.”
He was later asked if the case would include alleged health impacts as a result of the contamination.
“This is not a case about personal injury or health or health claims,” Mr Khalil said in response.
“It is solely focused on the environmental, economic and cultural impacts and the costs that we’ve incurred in dealing with those impacts.”
3M Australia said in a statement it would defend itself against the allegations.
“We are aware of today’s press release from the Commonwealth of Australia,” a 3M Australia spokesperson said.
“3M has never manufactured PFAS in Australia and ceased sales of the products at issue in Australia around two decades ago.
“Despite this, the Department of Defence continued to use PFAS-containing fire fighting foams for nearly two decades longer, as noted in a recent legislative committee report.
“We will defend ourselves against these claims through the legal process.”
3M Australia is a subsidiary of US-based multinational conglomerate 3M Company.
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