Australia Sues 3M Over Alleged Cover-Up of Toxic Firefighting Foam Impacts

The Australian government has launched a massive Federal Court claim against chemical manufacturer 3M, accusing the company of intentionally and reprehensibly withholding evidence that its firefighting foam products were toxic and environmentally persistent. The lawsuit centers on per- and polyfluoroalkyl substances (PFAS), chemicals commonly found in firefighting foam.

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intentional and reprehensible

The Commonwealth alleges that 3M was aware as early as 1979 that PFAS chemicals contained in its aqueous film-forming foam (AFFF) "persist indefinitely, bioaccumulate and bio-concentrate in both humans and animals," were potentially toxic to animals, and could migrate into drinking water. Despite this knowledge, the lawsuit claims that 3M and its Australian subsidiary continued to manufacture, market, distribute, and sell the foam for another 24 years, until at least 2003.

This legal action represents the government's largest-ever claim, seeking $2 billion in damages. The funds are intended to cover costs associated with PFAS contamination at 28 Defence bases across Australia and surrounding areas. Large quantities of the foam were used during training and operational activities at these sites over approximately three decades, resulting in significant contamination of land and water, including drinking water sources.

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persist indefinitely, bioaccumulate and bio-concentrate in both humans and animals

The statement of claim details the alleged "conscious, contumelious, contemptuous or outrageous disregard for the rights of the Commonwealth and the broader Australian public." This includes impacts on Defence personnel and residents living near the affected bases. The government has already incurred substantial costs, including $214 million for investigations, remediation, and monitoring, and $367 million in settlements from five previous class actions.

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conscious, contumelious, contemptuous or outrageous disregard for the rights of the Commonwealth and the broader Australian public, including Defence personnel and those living in the areas surrounding the Bases, who have been affected by the presence and continued migration of … PFAS contamination

Justice Catherine Button described the 1,600-page document as "daunting" during the initial case management hearing. 3M's counsel acknowledged the complexity, calling it the "most complex matter" they had ever encountered. The 28 bases have been categorized based on risk, with 17 identified as high-risk areas where PFAS continues to leach, new areas are being contaminated, and drinking water guidelines are exceeded.

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daunting