(Tribune News Service) — The New Mexico Environmental Department and New Mexico Attorney General Raúl Torrez on Thursday requested a state court to order Cannon Air Force Base to allow inspectors to collect on-site samples of a toxic chemical that can cause cancers and developmental defects.

PFAS, per- and polyfluoroalkyl substances, also known as “forever chemicals,” can cause cancer, developmental issues, immune system issues, reproductive issues and more, according to a study by the University of New Mexico. PFAS has been detected in 722 military installations across the country, with experts citing firefighting foam — which often contains PFAS — as the largest contributor.

Officials initially detected PFAS in and around Clovis in 2018, attributing it to water discharged by the U.S. Air Force base. State officials have been fighting in court since 2019 to require Cannon to clean up the toxic chemicals that remain in the area today.

”This contamination forced a local dairy to euthanize 3,500 dairy cows poisoned by contaminated groundwater — devastating local agriculture,” said NMED spokesperson Drew Goretzka.

On July 14 and 15, as part of an environmental compliance inspection, NMED reviewed 39 facilities to examine hazardous waste generation and hoped to continue research on the extent of PFAS contamination with new PFAS samples, said Environment Secretary James Kenney.

However, Cannon did not allow NMED to retrieve any PFAS samples, citing a pending lawsuit over whether the state has the authority to order the Air Force Base to clean up PFAS as the reason

“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,” Kenney said.

Cannon in a news release last week said it offered NMED sampling opportunities for hazardous waste covered by the permit. The base declined to comment further.

On top of the original lawsuit that’s pending before the New Mexico Court of Appeals, NMED joined forces with the state Department of Justice to file a new lawsuit in June against the U.S. Air Force, requiring the federal government to clean up the PFAS.

The difference this time around was the passage earlier this year of House Bill 140, a bill that clarified NMED’s authority to enforce PFAS cleanup and designated firefighting foams containing PFAS as hazardous waste.

Kenney said the DOJ is trying to move the most recent lawsuit to federal court.

“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 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.”

Kenney said NMED will release a study from health screenings from over 1,000 Clovis residents to show the effects of PFAS in New Mexico.

He added, “The concern in winning (the lawsuit) is that if there’s never a change in the way they approach this, if they’re always going to be litigious and difficult, then the cleanup of the plume under Clovis will take decades.”

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