The Australian government has launched legal action against global manufacturer, 3M, over chemical contamination at defence bases, in a lawsuit seeking $2 billion in damages.
It marks the largest legal claim ever brought by the government, and it’s all to do with toxic “forever chemicals” allegedly found in firefighter foam that allegedly contaminated dozens of Australian defence bases, with wide-reaching environmental and health impacts.
The case has sparked reactions from the government, 3M and experts, but if you’re still getting up to speed, here’s an explainer on the case, its implications, and what happens next.
What are “forever chemicals”?
“Forever chemicals” are the layman’s term for PFAS chemicals, which have been used since the 1950s as grease, heat and water repellents. The chemicals are incredibly strong and almost impossible to break down in nature or the human body.
Some types of forever chemicals are found in and permitted to use in everyday items like cleaning products, cosmetics and carpets. however, others have been banned due to environment and health impacts discovered in recent decades, including build-up in the food chain and increased risk of certain types of cancer and developmental issues.
Extended exposure to PFAS (which stands for per- and polyfluoroalkyl substances, aka forever chemicals) include liver damage, low birth weight, and reduced kidney function. And despite the use of forever chemicals being wound down in recent years, traces of them have been found in the blood of 85 per cent of the Australian population.
“PFAS is a pollution issue that Australia is only just starting to come to terms with,” Cheng Zhang, Associate Professor at the University of Queensland, said.
“They are creating a very toxic legacy, and because the problem has not received the attention it requires, we are probably only just seeing the tip of the iceberg of how widespread it is.”
Some of the chemicals were used in firefighting foam up until 2003 to 2004, when the government and 3M started phasing out foams that contained the banned chemicals.
Hotspots for the chemicals tend to be in or around defence bases, where firefighting foam is widely used.
That’s where the lawsuit comes in.
What is the Australian government’s lawsuit?
Fronted by Attorney-General Michelle Rowland, the lawsuit alleges that 3M, one of the largest manufacturers of the chemicals in the world, ignored and failed to disclose lab testing that showed the environmental and health concerns of the foam, misled the public about the risks, and continued to manufacture and sell the chemicals despite knowing the implications.
“Our position is that 3M withheld a range of information and misrepresented the effects of this substance,” Rowland said.
The lawsuit claims that as a result of its alleged mishandling of the chemicals, 3M is responsible for contaminating 28 defence sites across Australia.
The whopping $2 billion in damages is put down as covering the “substantial costs” the government has incurred for investigating, managing and mitigating the contaminated areas, including massive efforts to treat affected soil and water supplies.
“The government is committed to holding 3M to account for the economic and environmental harms associated with PFAS contamination,” Rowland said.
“This is a government that is prepared to take on one of the biggest multinational corporations in the world for the betterment of Australian citizens.”
It’s not the first time 3M has been hit with similar accusations, with the United States’ Environmental Protection Agency fining the company a whopping USD $2.1 million in 2006 for withholding decades of internal studies proving the highly toxic nature of its chemicals.
How has 3M responded to the lawsuit?
3M said it will fight the lawsuit while levelling a slew of its own allegations against the Australian government. In a statement to Australian media outlets, 3M claimed it has never manufactured the banned chemicals in Australia and said it ceased sales of the products in the country “around two decades ago”.
“Despite this, the Department of Defence continued to use PFAS-containing fire-fighting foams for nearly two decades longer,” a 3M spokesperson said.
“We will defend ourselves against these claims through the legal process.”
In similar cases brought against 3M, the company has been forced to pay governments billions of dollars to treat affected water supplies.
So, what happens next?
3M’s vow to defend itself means a lengthy battle in the Federal Court is likely. The case may see both the government and 3M disclose relevant documents, including the company’s internal tests mentioned in the allegations.
If it goes to trial, a judge will decide liability and determine whether the $2 billion in damages is awarded.
Regardless of where the case lands, some experts say the lawsuit itself sets an important precedent around what multinational corporations owe the environment and our health.
“The federal government’s action is overdue but essential,” Nicholas Chartres, Associate Professor at the University of Sydney, said.
“It sends a clear signal to other health‑harming industries: if companies conceal evidence of the dangers posed by their products, they will face legal consequences and be held accountable.”
Lead images: Getty
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