On July 21, 2026, the United States District Court for the District of South Carolina remanded an action filed by the State of New Mexico to enforce a permit requiring the Air Force to investigate and clean up PFAS contamination at Cannon Air Force Base, a case in which Kanner & Whiteley serves as outside counsel.
Cannon’s release of aqueous film-forming foam (AFFF) containing PFAS has resulted in severe contamination of the Ogallala aquifer—the area’s sole drinking water source—and has also impacted local dairy operations and residents of the area. New Mexico issued Cannon a permit under the Resource Conservation and Recovery Act (RCRA), requiring the base to investigate and clean up the contamination under the State’s oversight, in 2019. However, the Air Force has essentially ignored those permit obligations since its issuance.
The Court previously dismissed, without prejudice, similar claims filed by the State after finding that it lacked jurisdiction. But the Court also indicated that the State could pursue its claims in state court, leading the State to do so over a year ago. The Air Force nevertheless removed the case to federal court, and subsequently had it transferred (back) to multidistrict litigation concerning AFFF in the District of South Carolina—despite the Court’s previous ruling that it lacked jurisdiction. In its remand order, the Court found that while federal courts may lack jurisdiction over New Mexico’s claims, state courts do not, and that the Air Force presented no colorable federal defenses; thus, remand of New Mexico’s state law claims was appropriate.
A New York Times article reporting on the PFAS contamination at issue in the litigation is available here. The Court’s order and the State’s complaint are available below.