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Federal Government Challenges New Mexico’s Definition of PFAS as Hazard Waste

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…

Judge Denies New Mexico’s Request to Seek Injunction in PFAS MDL

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 Seeks Injunction Requiring Immediate PFAS Testing by U.S. Air Force

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…

New Mexico Loses its Bid to Litigate at Home

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…

New Mexico Moves to Vacate Conditional Transfer of Its Suit Against the United States to South Carolina PFAS MDL

New Mexico argues its suit against the United States and the United States Air Force should not be added to the PFAS aqueous foam MDL in South Carolina because it does not bring claims against PFAS or AFFF manufacturers. The State further argues that, beyond being inconvenient, transfer would be inappropriate because the factual issues…