New Mexico ends PFAS settlement talks with Pentagon

By Nicole Norman | 09/05/2024 04:23 PM EDT

The state said it now believes litigation is the best path forward in its fight to clean up “forever chemicals” at the Cannon Air Force Base.

The Pentagon is seen from a flight taking off.

The Pentagon as seen from an airplane on Nov. 29, 2022. Alex Wong/Getty Images

New Mexico has terminated settlement talks with the federal government over “forever chemical” waste at an Air Force base.

The New Mexico Environment Department in an Aug. 27 letter notified the chief circuit mediator of the 10th U.S. Circuit Court of Appeals that the state plans to move forward with litigation against the Defense Department instead.

New Mexico “is actively pursuing legal action as we firmly believe that it represents the most effective course of action to hold the United States accountable for the PFAS contamination incident at Cannon Air Force Base,” Zachary Ogaz, the department’s general council, said in a statement. “By doing so, we aim to secure the best possible long-term outcome for the affected residents of New Mexico.”

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Per- and polyfluoroalkyl substances, or PFAS, a class of moisture-resistant chemicals found in products like firefighting foam, were discovered in 2018 in groundwater at and near the Cannon Air Force Base in eastern New Mexico. In response, the New Mexico Environment Department issued a permit that defined PFAS as hazardous waste, requiring the federal government to clean up the contamination under the New Mexico Hazardous Waste Act.

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