U.S. industrial conglomerate 3M is preparing to challenge a landmark Australian lawsuit seeking more than A$2 billion ($1.38 billion) in damages over PFAS contamination linked to firefighting foam used at military bases across the country.
During a court hearing on Friday, 3M's legal representatives argued that Australia's claims were legally flawed, particularly allegations that the company created a public nuisance through environmental pollution.
The lawsuit, Australia's largest PFAS-related legal action, targets Minnesota-based 3M and its Australian subsidiary. It seeks compensation for past and future expenses associated with contamination at 28 military installations where the company's firefighting products were deployed.
Australian authorities allege that 3M knew, or should have known, that its firefighting foam contained chemicals capable of damaging the environment and threatening human health. However, the company allegedly failed to provide adequate warnings about those risks.
The government argues that PFAS pollution restricted communities' ability to safely use surrounding land and water, constituting a public nuisance under Australian law.
At the initial case management hearing, 3M barrister Philip Solomon disputed that interpretation, stating that the allegations did not satisfy the legal requirements for establishing public nuisance.
3M plans to outline its objections in a formal defence expected on December 11. The company will also challenge allegations that it violated Australian consumer protection laws by making misleading statements about the foam's safety and characteristics.
According to Solomon, 3M may argue that those consumer protection claims are barred by statutory time limits because the alleged misconduct occurred decades earlier.
PFAS, commonly called "forever chemicals," are synthetic substances widely used in products designed to resist heat, water, grease and stains. Scientific research has associated PFAS exposure with serious health concerns, including liver damage, reduced birth weight and testicular cancer.
3M supplied the firefighting foam in Australia between 1966 and 2003 and has faced thousands of lawsuits worldwide involving alleged PFAS pollution.
Australia has already spent approximately A$1.3 billion addressing contamination at affected military facilities, including A$408 million in legal settlements with impacted communities.
The Australian Defence Department has also removed or treated more than 200,000 metric tons of contaminated soil and processed over 13 billion litres of polluted water.
The high-profile environmental lawsuit is scheduled to return to court in December, when 3M's legal challenges are expected to receive further consideration.
