3M to argue Australia's $1.4 billion 'forever chemicals' lawsuit legally flawed, court hears

Australia seeking more than A$2 billion over PFAS contamination 3M to argue 'public nuisance' claim unavailable Case centres on 28 military bases where firefighting foam was used Case will return to court in December By Christine Chen SYDNEY, Oct 16 (Reuters) — US conglomerate 3M plans to argue a landmark case brought by Australia over contamination from the company's use of PFAS "forever chemicals" in its firefighting foam is legally flawed, a court heard on Friday. The claim against the Minnesota-based chemicals maker and its local unit is the largest ever brought by ​Australia, and seeks more than A$2 billion ($1.38 billion) in damages for past and future costs of contamination across 28 military bases where 3M's products were used. Australia's case is that 3M knew or ought to have known the foam it made and supplied could damage the environment and harm people, but it failed to warn the government. The foam's pollution interfered with people's ability to use and enjoy the water and land around the bases, creating what the government says amounted to a "public nuisance" under Australian law for which 3M should pay compensation. "On Australian authority, the pleaded case does not