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On 8 July 2024, the state of New Mexico and the New Mexico Environment Department filed the second amended complaint against the United States, the Department of the Army, and the United States Department of the Air Force, for contamination of the environment with per- and polyfluoroalkyl substances (PFAS) at military facilities in the state.
The second amended complaint seeks to invoke Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which makes certain entities liable for a state’s cost of remedial or removal actions at a site contaminated by hazardous substances designated under CERCLA, along with natural resource damages and certain health assessments.
This remedy under CERCLA became available to the state on 8 July 2024 when the EPA rule that designates perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most used PFAS, as CERCLA hazardous substances became effective.
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