The state of New Mexico is fighting a federal court order that moves its “forever chemicals” lawsuit from New Mexico to South Carolina.
The New Mexico Environment Department and the Attorney General filed a writ of mandamus this week asking the Fourth Circuit Court to vacate its decision and send the case back to federal court in New Mexico.
The State argues the action was an unconstitutional violation of New Mexico’s sovereignty and will result in extreme delays in the case’s movement, putting public health and the environment at further risk.
NMED and the NMAG assert that the PFAS contamination caused by the U.S. Department of Defense (DOD) at Cannon and Holloman Air Force Bases will continue to present an imminent and substantial endangerment to public health and the environment unless the DOD takes immediate action. The multi-district litigation is likely to take many years – time that New Mexico does not have to address this imminent public health threat.
“What is at stake is the health and livelihood of New Mexico families – families that just want the Defense Department to do the right thing and get PFAS out of their lives and communities for good,” said NMED Cabinet Secretary James Kenney. “Until the Department of Defense makes PFAS – not New Mexicans – the enemy, the Environment Department will not rest in our pursuit of resolving this matter.”
If the petition is granted by the U.S. Court of Appeals in South Carolina, the case would be transferred to the U.S. District of New Mexico this calendar year, where the State’s motion to force the DOD to start cleaning up the pollution could move forward.
PFAS are a group of manmade chemicals used in a variety of products, including food packaging, nonstick pans and aqueous film forming foams (AFFF) used to extinguish fuel-based fires.