A New Mexico district court found that the New Mexico Hazardous Waste Act requires that administrative appeals related to permits issued under that statute be heard in the New Mexico Court of Appeals. That meant the federal court lacked jurisdiction to decide whether the New Mexico Environment Department exceeded its authority by requiring the cleanup…
The United States filed for summary judgment in its suit over a hazardous waste remediation permit issued by the New Mexico Environment Department (NMED), arguing that the substances covered by the permit exceeded the state’s authority. The United States contends that NMED acted arbitrarily and capriciously by including PFOS and PFOA among the substances considered…
In the South Carolina AFFF MDL, parties must obtain approval to seek a preliminary injunction. New Mexico wanted a preliminary injunction that would require the U.S. Air Force to begin efforts to address groundwater PFAS contamination in the state. But, the Court denied New Mexico’s request for leave to seek an injunction, noting that a…
New Mexico has moved for an injunction that would require the U.S. Air Force to offer blood testing for residents and wildlife near its Cannon and Holloman bases, and would require the closure of a nearby lake. The bases have used AFFF on-site for decades and, as a result, PFAS levels in nearby groundwater and…
The Judicial Panel on Multidistrict Litigation declined to vacate the transfer of New Mexico’s lawsuit over PFAS contamination at two Air Forces bases. The State argued the case did not belong in the MDL because it involved claims of environmental remediation against the United States, as opposed to products liability claims against the fire-fighting foam…