New Mexico v. Air Force - PFAS Contamination Access Dispute

AG: New Mexico Press Releases

Filed July 24th, 2025

Detected March 21st, 2026

Summary

New Mexico is seeking a court order to compel the Air Force to allow state inspectors access to Cannon Air Force Base to test for toxic PFAS contamination. The state alleges the Air Force is violating state law by denying access for environmental sampling, which is crucial for assessing and addressing contamination that has already impacted local agriculture and public health.

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What changed

New Mexico's Attorney General and Environment Department have filed a motion for a preliminary injunction, asking a state court to order Cannon Air Force Base to grant inspectors access for environmental sampling of toxic PFAS. This action follows the base's refusal on July 15, 2025, to allow NMED inspectors on-site, which the state argues is a direct violation of state and federal law. The dispute centers on the Air Force's responsibility for a significant PFAS plume in the Ogallala Aquifer, caused by firefighting foam, which has already led to the euthanasia of 3,500 dairy cows and poses a severe public health risk, with groundwater concentrations exceeding federal standards by over 650,000%.

The Air Force has previously sued New Mexico to avoid cleanup responsibility and disputes the state's authority to regulate PFAS, despite recent state legislation (HB 140) explicitly designating PFAS-containing firefighting foams as hazardous waste. The immediate implication for compliance officers is the need to monitor this legal action, as a court order could compel the Air Force to allow inspections and potentially accelerate cleanup efforts. The case highlights the ongoing tension between federal facilities and state environmental regulations, with potential ramifications for other military bases and industries dealing with PFAS contamination. Failure to comply with a court order could result in further legal action and penalties against the Air Force.

What to do next

Monitor court proceedings regarding the preliminary injunction motion.
Review state and federal regulations concerning PFAS contamination and federal facility compliance.
Assess potential impacts of PFAS contamination on operations and supply chains in affected regions.

Source document (simplified)

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Air Force Denies State Inspectors Access to Test for Toxic PFAS

July 24, 2025

SANTA FE, NM — New Mexico Environment Department Sec. James Kenney and New Mexico Attorney General Raúl Torrez today asked a state court to order Cannon Air Force Base near Clovis to comply with state law and let inspectors collect on-site samples of toxic PFAS.

The motion follows Cannon officials’ refusal to allow NMED inspectors to conduct environmental sampling during a regulatory inspection on July 15. In doing so, the U.S. Air Force has blatantly disregarded state law as NMED has clear authority to conduct environmental sampling under state and federal law.

“Denying access to state inspectors to sample for toxic PFAS contamination while claiming to value relationships and embrace transparency is downright insulting to New Mexicans,” said Environment Secretary James Kenney. “For years, the U.S. Air Force’s promises have contradicted their harmful actions towards communities and regulators — a tired pattern from Washington bureaucrats with no connection to our families, land, or water.”

“The Air Force’s refusal to allow state inspectors to measure the impact of their actions in releasing cancer causing chemicals into our communities is just one more example of the federal government’s refusal to accept responsibility for the welfare of the citizens they have sworn an oath to protect,” said Attorney General Raúl Torrez. “Despite these shameful tactics, the people of New Mexico should have no doubt about our resolve in holding the Air Force accountable for their actions and to force them to pay for the damage they have done to our environment, our livelihoods and our public health.”

In 2019, the U.S. Air Force sued the state of New Mexico to avoid responsibility for toxic PFAS cleanup on and off Cannon Air Force Base. For the past six years, the U.S. Air Force has fought orders from the State of New Mexico to clean up its almost four-mile PFAS plume in the Ogallala Aquifer, caused by discarding PFAS-laden firefighting foams on base.

This contamination forced a local dairy to euthanize 3,500 dairy cows poisoned by contaminated groundwater — devastating local agriculture. NMED provided technical and financial support to this farmer.

New Mexico has the responsibility under the Hazardous Waste Act to regulate PFAS — a position the Air Force disagrees with. This led the Air Force to sue NMED in response to state cleanup orders.

Earlier this year, Gov. Michelle Lujan Grisham signed House Bill 140, which explicitly designated discarded firefighting foams containing PFAS as a hazardous waste — clarifying state-level regulation.

Despite this designation, U.S. Air Force officials still refused to let NMED inspectors gather samples on Cannon Air Force Base, claiming that PFAS was not covered under the base’s hazardous waste permit — a position in clear violation of state law. PFAS have been detected in Cannon Air Force Base groundwater at concentrations of 26,200 parts per trillion, which exceeds not only state water quality standards but also the federal government’s drinking water standards — by over 650,000%.

Motion for Preliminary Injunction