The Commonwealth has launched major legal action against chemical giant 3M in what marks a new chapter in the long-running battle over PFAS contamination linked to Defence sites across Australia, including Williamtown.
Proceedings filed in the Federal Court of Australia claim the company withheld information and misled authorities about the environmental risks associated with firefighting foams containing per- and poly-fluoroalkyl substances, known as PFAS.
The Commonwealth is seeking more than $2 billion in damages to recover costs associated with investigating, managing and remediating contamination at 28 Defence bases nationwide.
The case centres on aqueous film-forming foam (AFFF), a firefighting product historically used at facilities for decades before PFAS contamination concerns emerged.
Among the allegations, the Commonwealth claims 3M withheld information about the environmental dangers linked to the foam, failed to fully disclose known risks and provided assurances about disposal and safety that were inconsistent with what the company allegedly knew at the time.
For communities surrounding RAAF Base Williamtown, where PFAS contamination has been a source of concern for years, the legal action signals a significant escalation in the federal government’s response.
Defence completed investigations into PFAS contamination on and around Williamtown in 2018, acknowledging the issue had become a major concern for local residents living near the base.
Attorney-General Michelle Rowland says the Federal Court action was aimed at securing accountability for the environmental and economic fallout linked to PFAS contamination.
“The government is committed to holding 3M to account for the economic and environmental harms associated with PFAS contamination,” she explained.
“The Commonwealth has started this legal action to pursue appropriate accountability through the Federal Court and to seek recovery of costs borne by the Commonwealth in responding to PFAS contamination at Defence bases.
“This is about ensuring these issues are addressed through proper legal processes.”
Assistant Minister for Defence Peter Khalil says the government had heard directly from communities affected by PFAS contamination around the country.
“I have visited communities right across Australia that have been affected by PFAS contamination, and they need action,” he added.
“That’s why the Commonwealth commenced this legal action [today].
“Defence is seeking more than $2 billion in damages to recover significant past and future expenses incurred by investigating and managing contamination resulting from the historical storage and use of AFFF.
“These court proceedings are about recovering the significant costs Defence has and will continue to incur while investigating and managing the Defence Estate and supporting Australians affected by PFAS.
“Defence has spent over $1.3 billion on its PFAS response, and continues to work closely with state and local authorities to support local communities near bases affected by PFAS, and that work will continue.”
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