Commonwealth Launches Historic AUD 2 Billion PFAS Lawsuit Against 3M

The Australian federal government has initiated legal proceedings in the Federal Court against 3M Company and its Australian subsidiary, 3M Australia, seeking damages exceeding AUD 2 billion (approximately USD 1.4 billion) related to environmental contamination from per- and polyfluoroalkyl substances (PFAS).

Attorney-General Michelle Rowland announced the action on Thursday, which the government has described as the largest legal claim ever brought by the Commonwealth.

"The government is holding 3M accountable for economic and environmental harm." – Attorney-General Michelle Rowland

Nature of the Claim

The lawsuit concerns the historical use of aqueous film-forming foam containing PFAS in firefighting operations at 28 Defence bases across Australia. The government alleges that 3M withheld information and misrepresented the environmental risks associated with its products.

Specific allegations include that 3M:

Provided assurances that the foam was safe to dispose of
Claimed the product was biodegradable
Stated it was non-toxic
Allegedly withheld internal environmental laboratory testing that indicated "significant adverse environmental effects"

The government is not pursuing personal injury claims. Instead, it seeks to recover costs incurred for economic, environmental, and cultural damage related to the contamination.

Background on PFAS

PFAS are a group of synthetic chemicals used in products resistant to heat, stains, grease, and water. The chemicals do not break down naturally in the environment, leading to accumulation in ecosystems, drinking water, and the human body.

Key facts about PFAS:

Three key PFAS chemicals were banned in Australia in 2024 over health and environmental concerns
The World Health Organisation has classified some PFAS as carcinogenic
Studies have linked PFAS exposure to health issues including high cholesterol, liver damage, lower birth weight, and increased risk of testicular and kidney cancer
PFAS have been detected in the blood of nearly all Australians over the age of 12

Cleanup and Remediation Efforts

The Department of Defence has reported spending AUD 1.3 billion on addressing contamination impacts, including AUD 408 million in legal settlements to affected communities.

Cleanup operations have involved:

Removal and treatment of over 200,000 metric tons of contaminated soil
Treatment of more than 13 billion litres of water
Phasing out of PFAS-containing products beginning in 2004

"These proceedings aim to recover costs incurred in investigating and managing the contamination." – Assistant Defence Minister Peter Khalil

Responses and Context

A spokesperson for 3M stated that the company has never manufactured PFAS in Australia and ceased sales of PFAS-containing products in Australia approximately two decades ago. The spokesperson added that the Department of Defence continued using such foams for nearly two decades after 3M's sales ceased. The company said it would defend itself through the legal process.

Related Legal Actions

The Australian government's action follows significant developments internationally and domestically:

2023: 3M reached a settlement valued at up to USD 10.3 billion (AUD 15.4 billion) with US public water systems to resolve water pollution claims related to PFAS
2023: The Australian federal government settled a AUD 133 million class action over PFAS contamination at seven sites
2023: A parliamentary inquiry in Australia found ongoing PFAS risks nationwide