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Australian Government Files $2 billion Lawsuit Against 3M Over PFAS Contamination at Defence Bases

5/28/2026, 6:26:28 AM

Lawsuit Overview

On 28 May 2026 the Commonwealth filed a Federal Court claim seeking more than A$2 billion in damages from 3M Australia and its parent. The suit alleges the company’s aqueous-film-forming foam (AFFF), used at 28 Defence sites from the 1970s until its 2003 phase-out, released PFAS that have persisted in soil, water and the food chain. The government says the chemicals have generated “significant past and future expenses” for investigation, remediation and health protection.

PFAS Background

PFAS are synthetic “forever chemicals” that resist heat, stains and water, do not break down naturally, and accumulate in ecosystems. Exposure is linked to high cholesterol, low birth weight, liver damage and higher risk of testicular and kidney cancer. AFFF containing PFAS was the standard firefighting agent for military aircraft and training for over three decades before Australia began phasing it out in 2003.

Key Parties

Attorney-General Michelle Rowland and Assistant Defence Minister Peter Khalil represent the Commonwealth; 3M Company is the defendant; affected towns include Katherine (NT), Oakey (QLD) and Williamtown (NSW).

Extent of Contamination

PFAS contamination spans 28 bases; over 200,000 tonnes of soil and 13 billion litres of water have been treated. The Commonwealth has spent over A$1 billion on investigation, remediation and mitigation. Prior payouts total A$710 million: A$132 million to ~30,000 claimants, A$212 million for property loss in Katherine, Oakey and Williamtown, and A$366 million to settle class actions. In 2018, residents near Richmond Air Base were advised to limit fish and egg consumption after PFAS was found in groundwater.

Government Position

The Commonwealth says 3M knowingly misrepresented the foam as biodegradable and non-toxic while withholding internal tests showing adverse effects. The claim seeks to recover costs and fund future cleanup, matching a Senate inquiry recommendation that any settlement be earmarked for remediation.

Criticism & Opposition

3M says it has been an industry leader in PFAS regulation and removal, disputes the concealment claim, and has not admitted liability or commented to Reuters.

Conflicting Details

Sources differ on the claim amount—some say “more than A$2 billion,” others “over $2 billion.” Whether punitive damages are included is unclear, and 3M’s scientific evidence on foam safety has not been disclosed.

Verbatim Quotes

  • “Make no mistake, this legal action against 3M is significant,” — Michelle Rowland, Attorney-General
  • “This is the largest legal claim ever brought by the Commonwealth,” — Michelle Rowland, Attorney-General
  • “Our position is that 3M withheld a range of information and misrepresented the effects of this substance.” — Michelle Rowland, Attorney-General
  • “The department has treated or removed more than 200,000 tonnes of contaminated soil and treated more than 13 billion litres of water, he said.” — Peter Khalil, Assistant Defence Minister

Next Steps

The Federal Court will hear arguments later in 2026. If the claim succeeds, the Commonwealth plans to channel recovered funds into ongoing soil excavation, water-treatment projects and health monitoring for communities surrounding the 28 defence sites.