On Monday, June 23, 2025, the New Mexico Department of Justice (NMDOJ), the New Mexico Environment Department (NMED), and Kanner & Whiteley filed a lawsuit against the United States and the Air Force regarding PFAS contamination at and around Cannon Air Force Base, in Curry County, New Mexico that continues to threaten precious groundwater resources, the environment, and nearby agricultural operations. The lawsuit seeks to enforce a hazardous waste permit issued to Cannon in 2019, which requires the Air Force to clean up PFAS contamination at and around Cannon, and under New Mexico’s oversight – something they have resisted doing for years, despite the clear requirements of the permit and New Mexico’s numerous efforts to obtain compliance therewith. The lawsuit also follows the enactment of New Mexico’s House Bill 140, which expressly lists aqueous film-forming foam (a firefighting foam) containing PFAS as a “hazardous waste” under the New Mexico Hazardous Waste Act.
The complaint can be found here. The NMDOJ’s press release can be found here and NMED’s press release can be found here.