The Australian government is suing multinational industrial company 3M in the largest ever claim brought by the Commonwealth. The legal action will seek damages in relation to PFAS contamination across defence sites throughout Australia, alleging the company withheld information about their products.
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TRANSCRIPT:
The Commonwealth Government has commenced legal action in the Federal Court of Australia against industrial conglomerate 3M for damages related to PFAS contamination at 28 Defence sites.
Attorney General Michelle Rowland says the government alleges the company misrepresented the effects of their aqueous film-forming foam and gave safety assurances inconsistent with what the company knew.
She says it will be the largest ever brought by the Commonwealth.
"The Commonwealth is seeking more than two billion dollars 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. Let me be clear, this is the largest legal claim ever brought by the Commonwealth."
PFAS, or per- and poly-fluoroalkyl substances, are synthetic chemicals previously used in firefighting foams, including on Defence sites.
However, due to concerns linked to environmental contamination, PFAS-containing foams are no longer used in Australia.
The legal action will seek damages to recover what the government says was a significant cost to taxpayers for investigating, managing and remediating contamination.
Assistant Minister for Defence Peter Khalil says if the Commonwealth succeeds in their case, the $2 billion will go towards past and future expenses incurred.
"In response to this PFAS contamination, defence has spent one point three billion dollars in taxpayer money supporting affected communities, that includes around four hundred eight million in legal settlements, including five litigated class actions, four litigated claims, and three hundred forty two non litigated claims. Defence has treated or removed more than 200,000 tonnes of contaminated soil across defence sites to mitigate the spread."
Responding to the announcement, 3M has vowed to defend itself against the allegations.
"We are aware of today’s press release from the Commonwealth of Australia. 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."
Michelle Rowland says the case is for the betterment of Australians.
"Make no mistake, this legal action against 3M is significant. It is commensurate with a government that is committed to fighting for Australians and their long-term interests. Australians rightly expect their government to stand up for them and to hold companies accountable when communities and the environment are impacted. I know, as does the Assistant Minister, that Australians have dealt with the consequences of PFAS contamination for many years. Our government is taking action to make this right."
