New Mexico Sues U.S. Air Force Over PFAS Contamination at Cannon AFB

New Mexico Sues U.S. Air Force Over PFAS Contamination at Cannon AFB

In a landmark move, the New Mexico Environment Department (NMED) and the New Mexico Department of Justice (NMDOJ) have filed a lawsuit against the U.S. Department of the Air Force, demanding immediate and comprehensive remediation of per- and polyfluoroalkyl substances (PFAS) contamination at Cannon Air Force Base (AFB) near Clovis. This legal action follows years of contention between the state and the federal government over responsibility for the environmental damage caused by PFAS, often referred to as “forever chemicals” due to their persistence in the environment and human body.

The lawsuit is grounded in newly enacted House Bill 140, signed into law by Governor Michelle Lujan Grisham in April 2025. This state legislation designates discarded firefighting foams containing PFAS as hazardous waste, providing New Mexico with expanded legal authority to regulate and enforce cleanup measures, even in the absence of federal classification by the Environmental Protection Agency (EPA). The suit seeks not only environmental remediation but also compensation for affected property owners, infrastructure investment, and public health protections.

This case could set a national precedent, as it tests the limits of state authority in regulating hazardous substances and holding federal entities accountable for environmental contamination. The outcome may influence how other states approach PFAS pollution linked to military installations.

The Scope and Impact of PFAS Contamination at Cannon AFB

Decades of Environmental Exposure

PFAS contamination at Cannon AFB stems from the long-term use of aqueous film-forming foam (AFFF) for firefighting training and emergency response. Since the 1970s, these foams were discharged into the environment through fire training areas, sewage lagoons, and landfills. Due to the chemical stability of PFAS, these substances infiltrated the Ogallala Aquifer, a key groundwater source for eastern New Mexico.

By 2018, extensive contamination had been confirmed both on and off the base. On-base monitoring wells recorded PFAS concentrations as high as 26,000 ng/L, 6,500 times the EPA’s proposed safety threshold of 4 parts per trillion (ppt). Off-site wells, used for irrigation and drinking water, also showed elevated levels, with some samples reaching 1,600 ng/L. The contamination plume stretches approximately four miles southeast of the base, affecting private wells and agricultural operations.

One of the most visible consequences was the collapse of Highland Dairy, where owner Art Schaap was forced to euthanize 3,600 cows after discovering PFAS in the water supply. This incident not only devastated a family business but also highlighted the broader economic and public health implications of unchecked contamination.

“The Air Force has spent years contesting the Environment Department’s authority as opposed to any meaningful cleanup of the toxic PFAS contamination in local drinking water sources that serve both residents and dairy farmers.”, NMED Secretary James Kenney

Health and Ecological Risks

PFAS exposure has been linked to a wide array of health concerns. The World Health Organization classifies perfluorooctanoic acid (PFOA) as possibly carcinogenic to humans, while perfluorooctanesulfonic acid (PFOS) is considered possibly carcinogenic. Studies associate PFAS exposure with cancers, high cholesterol, immune suppression, and developmental issues in children. The Centers for Disease Control and Prevention (CDC) has emphasized the potential for reduced vaccine efficacy and other immunological effects even at low exposure levels.

Ecologically, the contamination threatens the Ogallala Aquifer, a critical water source for both human consumption and agriculture. PFAS accumulation in soil and vadose zones creates a long-term leaching effect, continuously introducing toxins into groundwater. This persistent contamination jeopardizes biodiversity and reduces water availability for irrigation and livestock.

In July 2024, a PFAS-laden wastewater spill at Cannon AFB further demonstrated ongoing risks. Approximately 7,300 gallons of contaminated rinsate were improperly stored, leading to soil infiltration through damaged pond liners. Independent testing later revealed PFAS levels far exceeding federal guidelines in surrounding rainwater and sediments.

Economic Fallout for the Community

The economic impact has been severe. In addition to the loss of Highland Dairy, property values in the contaminated area have plummeted. Residents face high costs for water testing and alternative water sources, while the state has already spent over $12 million on mitigation efforts. These expenses have been borne entirely by state funds due to the Department of Defense’s refusal to accept financial responsibility.

The lawsuit seeks to shift the cost burden to the polluter, demanding that the Air Force fund water treatment systems, install public water lines for affected residents, and compensate property owners for devaluation and losses. It also calls for the cessation of PFAS-containing foam use except in emergencies and the implementation of stormwater controls to prevent further contamination spread.

These demands reflect a comprehensive approach to addressing both the immediate and long-term consequences of PFAS pollution, emphasizing not just cleanup but also community support and transparency.

Legal and Legislative Foundations for the Lawsuit

House Bill 140: Expanding State Authority

House Bill 140 plays a pivotal role in this legal action. The bill explicitly classifies discarded firefighting foams containing PFAS as hazardous waste under New Mexico law. This designation allows the state to regulate these substances even if the federal government has not formally listed them as hazardous under the Resource Conservation and Recovery Act (RCRA) or the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

The bill also mandates inventory reporting from military installations, restricts PFAS foam use to emergency scenarios, and ensures that polluters, not taxpayers, bear the cost of remediation. By embedding the federal hazardous waste list as of July 1, 2025, into state law, HB 140 ensures regulatory continuity even if federal standards change.

This legislative move directly counters the Air Force’s previous argument that NMED lacked the authority to regulate PFAS. It strengthens the state’s legal standing and reinforces its commitment to environmental justice and public health protection.

The Lawsuit’s Core Demands

• Comprehensive cleanup of soil, groundwater, and surface water contamination at Cannon AFB
• Installation of water treatment systems for affected residents
• Replacement of private wells with municipal water lines where requested
• Prohibition of PFAS-based foam use except in emergencies
• Compensation for property devaluation and agricultural losses
• Implementation of stormwater controls to prevent future spread
• Regular public meetings to keep the community informed

The legal basis for these demands includes CERCLA and the New Mexico Hazardous Waste Act, both of which provide mechanisms for holding polluters accountable and funding environmental restoration. The lawsuit also references specific incidents, such as the 2024 rinsate spill, as evidence of ongoing negligence.

By asserting state-level authority under HB 140 and aligning with federal environmental statutes, the lawsuit aims to compel the Air Force to take full responsibility for the contamination and its consequences.

Conclusion: A Turning Point in Environmental Accountability

New Mexico’s lawsuit against the U.S. Air Force represents a critical moment in the broader fight against PFAS contamination. It underscores the power of state legislation to fill regulatory gaps and protect communities when federal action is delayed or insufficient. The case also highlights the importance of holding polluters accountable, not just for cleanup, but for the economic and health damages inflicted on local populations.

As the legal proceedings unfold, the outcome could shape future environmental litigation across the United States. It may encourage other states to adopt similar laws and pursue justice for communities affected by military-related pollution. Ultimately, the case is not just about remediation, it’s about restoring trust, safeguarding public health, and affirming the right to clean water and a safe environment.

FAQ

What is PFAS and why is it dangerous?
PFAS (per- and polyfluoroalkyl substances) are synthetic chemicals used in firefighting foams and industrial applications. They are persistent in the environment and linked to cancer, immune suppression, and developmental issues.

Why is New Mexico suing the U.S. Air Force?
The state alleges that the Air Force failed to contain and clean up PFAS contamination at Cannon AFB, which has affected groundwater, agriculture, and public health. The lawsuit seeks remediation and compensation.

What does House Bill 140 do?
HB 140 designates PFAS-containing firefighting foams as hazardous waste under New Mexico law, allowing the state to regulate and enforce cleanup independently of federal EPA classifications.

Sources: New Mexico Governor’s Office, U.S. Environmental Protection Agency, Centers for Disease Control and Prevention, World Health Organization