Australia sues 3M for $1.4 billion over PFAS ‘forever chemicals’ contamination

By Christine Chen

SYDNEY, May 28 (Reuters) – The Australian government said on Thursday it had launched legal action against 3M over contamination from firefighting foam supplied by the U.S. company that contained PFAS, or “forever chemicals”, seeking more than A$2 billion ($1.43 billion) in damages.

The claim against the Minnesota-based chemicals maker and its local unit is the largest ever brought by Australia, reflecting the past and future environmental, economic and cultural costs of the contamination, the government said.

“Make no mistake, this legal action against 3M is significant,” Attorney-General Michelle Rowland told reporters.

“The Commonwealth is seeking more than A$2 billion in damages to recover significant past and future expenses incurred in investigating and managing contamination resulting from the historical storage and use of this foam.”

The government, which used the firefighting foam at 28 defence bases across the country, alleged 3M gave assurances the substance was safe to dispose of, biodegradable and non-toxic.

But 3M withheld its own testing showing “significant adverse environmental effects” associated with its use, Rowland alleged.

3M said in a statement it would defend itself against the claims in court.

“3M has never manufactured PFAS in Australia and ceased sales of the products at issue in Australia around two decades ago,” the statement said.

“Despite this, the Department of Defence continued to use PFAS-containing firefighting foams for nearly two decades longer.”

PFAS are a group of manufactured chemicals that are widely used in products resistant to heat, stains, grease and water.

Known as “forever chemicals”, they do not naturally break down in the environment, raising concerns about their ​accumulation in ecosystems, drinking water and the human body.

Research has linked exposure to PFAS to health issues ​including liver damage, lower birth weight and testicular cancer.

Assistant Defence Minister Peter Khalil said the department has spent A$1.3 billion in dealing with the impacts of the contamination, including paying A$408 million in legal settlements to affected communities.

The department has also treated or removed more than 200,000 metric tons of contaminated soil and treated more than 13 billion litres of water.

“This is the most significant legal action undertaken by Commonwealth and Defence in living memory,” Khalil said.

“To put it plainly, we are taking on 3M on behalf of the Australian people and the Australians that are affected.”

3M has faced thousands of lawsuits over PFAS contamination. In 2023 it reached a $10.3 billion settlement with a host of U.S. public water systems to resolve water pollution claims.

($1 = 1.4029 Australian dollars)

(Reporting by Christine Chen in Sydney; Editing by Jacqueline Wong, Stephen Coates and Jamie Freed)