Federal Recommendations for Legal Action Against 3M
A parliamentary inquiry into the regulation and management of per- and polyfluoroalkyl substances (PFAS) in Australia has urged the federal government to take a litigious approach toward the manufacturers of contaminated firefighting foams. The committee specifically recommended that the Australian government actively pursue legal action against 3M and any other manufacturer of these foams used within the country.
The inquiry suggests that any financial settlements resulting from such litigation should be used to fund the remediation of contaminated sites. This recommendation comes as part of a broader call for a national PFAS monitoring program and the provision of subsidized cancer screenings and blood tests for communities impacted by the chemicals.
PFAS, frequently termed forever chemicals, comprise a class of nearly 15,000 synthetic chemicals. These substances are characterized by their extreme persistence in the environment, often taking thousands of years to break down. In Australia, these chemicals were primarily introduced through firefighting foams, including a product created by 3M known as light water. These foams were supplied to firefighting bases, military installations, and airports for more than 30 years and continued to be used until at least 2010, according to reporting by the ABC.
Victorian Government Intervention in Fire Rescue Victoria Litigation
While federal bodies now recommend legal action, the Victorian state government previously intervened to prevent its own emergency services from pursuing the same path. In August 2023, then-emergency services minister Jaclyn Symes notified Fire Rescue Victoria (FRV) that she would not provide consent for the agency to participate in a class action against 3M.
The litigation was designed to hold 3M accountable for the remediation costs of environments damaged by its toxic products. Had the case succeeded, 3M would have been responsible for all past, present, and future clean-up costs, as well as potential litigation costs brought against fire services.
Ms Symes cited “significant and complex legal and public policy risks” and “reputational risks” as the reasons for the withdrawal.
Jaclyn Symes, former emergency services minister for Victoria
The ABC reports that FRV was intended to be the lead litigant in the case. The lack of FRV’s involvement led to the abandonment of the litigation. Jaclyn Symes currently serves as the treasurer and minister for regional development.
Scientific Persistence and 3M’s Internal Knowledge
The controversy surrounding 3M centers on the discrepancy between the company’s public claims and its internal data regarding the biodegradability of PFAS. From the 1960s until 2003, 3M manufactured foams containing perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA). These specific synthetic chemicals are linked to a range of severe health issues, including kidney failure, neurological effects, birth defects, and various cancers.
Newly uncovered documents indicate that 3M was aware of the toxicity and persistence of these chemicals long before they were phased out. Evidence showing that PFOS does not biodegrade appeared as early as 1949. Despite this, 3M continued to produce brochures and information for customers into the 1990s claiming that natural processes would break down the foams.
Specific marketing materials from 1979 described the firefighting foams as environmentally neutral and biodegradable, low in toxicity. In 1986, a 3M document suggested that if its Light Water Brand aqueous film-forming foams (AFFF) were pure chemicals rather than mixtures, they would be classified as readily biodegradable under OECD guidelines. Data sheets from 1993 continued to recommend discharging the foams into sewers, claiming they were treatable in biological wastewater treatment systems.
Prof Ian Cousins of Stockholm University noted that this guidance was disastrous, as PFAS pass through wastewater treatment processes and end up in river effluent or sludge spread on agricultural land.
Global and Local Environmental Impact
The environmental footprint of PFAS is now global, with the substances detected in human blood, organs, and animals. The persistence of these chemicals makes them one of the most significant environmental threats, according to experts. In the United Kingdom, these substances have already been banned.
In Australia, the contamination is particularly acute at sites where firefighting foams were used for training or emergency response. The chemicals seep into soil and groundwater, creating long-term liabilities for land management. The 2019 testimony given in the US House of Representatives revealed that 3M discovered PFAS were toxic in animal studies as early as the 1950s, yet the company did not begin phasing them out until 2003.
The current tension in Australia reflects a broader struggle to assign financial responsibility for the remediation of these sites. While state-level officials in Victoria previously cited policy and reputational risks to avoid litigation, the federal parliamentary inquiry now views legal action as the primary mechanism for securing the funds necessary to clean up the environmental damage.
