Lawsuits Against U.S. Department of War
The New Mexico Environment Department and Attorney General’s Office first sued the U.S. Department of War in 2019, after PFAS from firefighting foam contaminated groundwater near Cannon and Holloman Air Force Bases. The state’s lawsuit seeks to compel the military to halt non-emergency use of PFAS foam, install water treatment and new drinking water lines for impacted residents, implement stormwater controls to prevent further spread, and compensate property owners harmed by the pollution.
More recently, the case has advanced under CERCLA — better known as the Federal Superfund law —where a federal judge has allowed New Mexico’s claims to proceed as a potential bellwether for PFAS litigation nationwide. If successful, the case could force the federal government to fund restoration of the Ogallala Aquifer, cover natural resource damages, and set a precedent for holding the Department of War accountable for PFAS contamination across the country.
For more information on recent developments in our case:
- New Mexico seeks costs and damages for PFAS contamination from the U.S. Department of Defense under new U.S. Environmental Protection Agency rule (July 8, 2024)
- New Mexico PFAS claim filed as federal bellwether case (June 27, 2025)
- Air Force denies state inspectors access to test for toxic PFAS (July 24, 2025)