The Australian government is suing US chemical giant 3M for $2 billion for damages caused by so-called forever chemicals used in firefighting foam at Williamtown RAAF base and other bases around Australia.
The government has alleged in the Federal Court that 3M withheld environmental testing data that showed there were significant adverse environmental effects associated with its per-and polyfluoroalkyl substance (PFAS)-based products.
It is the largest legal claim ever brought by the Commonwealth.
"This misconduct has contributed to substantial costs for Defence and the Australian taxpayer, including over $1 billion to date to investigate, remediate and mitigate PFAS contamination at Defence estate sites," Attorney-General Michelle Rowland said.
"Make no mistake, this legal action against 3M is significant. It is commensurate with a government that's committed to fighting for Australians and their long-term interests."
PFAS used in the firefighting foam at the Williamtown RAAF base contaminated the surrounding water table.
The federal government paid $86 million in 2020 to settle a class action with members of the local community who had experienced losses in the value of their properties due to contamination.
Many in the surrounding area continue to be treated for illnesses linked to the chemicals.
Studies have linked PFAS exposure to high cholesterol, lower birth weight in babies and an increased risk of testicular and kidney cancer.
Fullerton Cove resident Lindsay Clout, who was part of the class action, welcomed the government's action against 3M.
"This has been on the back-burner for a while. People have been cautious to move forward because of the cost of litigation and the time that it takes," he said.
"For so long, we were told this chemical wasn't an issue; there's nothing to see here. We were told everyone's got it in their blood and let's just move on and forget about it.
"Now we have a situation where the federal government is saying to 3M 'you owe us $2 billion for the costs of cleaning up this chemical."
Paterson MP Meryl Swanson, whose electorate covers the Williamtown Red Zone, said the government's legal action was a "massive victory for the people of Williamtown and other PFAS-affected communities across Australia"
"I want to thank them for their tenacity and forbearance," she said.
"This announcement is a culmination of 10 years of hard work and fighting. It's an example of a government standing up for its people and holding a multinational company to account.
"It's about time these companies were held accountable for withholding a range of information and misrepresenting their product."
Assistant Minister for Defence Peter Khalil said the government was seeking to recover significant past and future expenses incurred by investigating and managing contamination resulting from the historical storage and use of PFAS products.
"I have visited communities right across Australia that have been affected by PFAS contamination, and they need action. That's why the Commonwealth commenced this legal action today," he said.
"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."
A Senate inquiry in November 2018 recommended legal action against 3M and said any settlement should be used to fund remediation of contaminated sites.
In its submission to the inquiry, 3M said it had been an industry leader assisting PFAS regulation and was an expert at removing the chemicals.
