The Australian government has launched legal action against chemical manufacturer 3M, seeking damages of more than AU$2 billion over PFAS contamination at 28 defence bases. It is the largest legal claim ever brought by the Commonwealth.
The case has put PFAS contamination firmly in the national spotlight and raises important questions for anyone involved in property development, land transactions or environmental management.
What The Federal Government Alleges About Manufacturer 3M
The federal government alleges that the manufacturing giant 3M withheld internal test data demonstrating health risks from PFAS, misrepresented the environmental safety of its aqueous film forming foam products and gave assurances about disposal and safety that did not align with what the company knew at the time.
The Department of Defence has already spent over AU$1.3 billion responding to PFAS contamination across its estate. Australia is suing 3M for AU$2 billion in damages to cover past and future costs of investigating, managing and remediating contamination at defence sites.
These are allegations filed in the Federal Court. Nothing has been judicially determined as established fact, and the legal process is ongoing.
It is worth noting that past PFAS class action lawsuits were brought by surrounding communities against the Commonwealth. This new action is fundamentally different: the government is now seeking damages from the chemical manufacturer itself.
What PFAS Chemicals Are And Why They Matter
PFAS (per and polyfluoroalkyl substances) are a group of more than 4,700 synthetic chemicals manufactured for their resistance to heat, water, grease and stains. They are found in a wide range of everyday products, including non stick cookware, food packaging, stain-resistant fabrics and fire fighting foam used at defence and aviation facilities.
PFAS are commonly referred to as forever chemicals because they do not break down under normal environmental conditions. PFAS compounds persist in the environment indefinitely and research has shown they can accumulate in the human body over time. Exposure is linked to cancer risk and effects on the immune system and birth weight.
Environmental Concerns: PFAS Contamination And Drinking Water
One of the most significant environmental risks associated with PFAS is their mobility. PFAS are soluble and can leach through soil into groundwater or travel with surface water over considerable distances. That poses a direct risk to drinking water supplies, whether they be public water systems or private bores.
Under the updated Australian Drinking Water Guidelines (NHMRC, 2025), guideline values for key PFAS compounds are:
| PFAS compound | Drinking water guideline value |
|---|---|
| PFOS | 8 ng/L |
| PFOA | 200 ng/L |
| PFHxS | 30 ng/L |
| PFBS | 1,000 ng/L |
State agencies use these values and the PFAS National Environmental Management Plan (NEMP) to guide investigation and management.
Why PFAS Contamination is Complex to Investigate and Manage
PFAS contamination presents unique challenges for environmental consultants, challenges that go beyond those encountered with many other contaminants. They include:
- Ultra-trace analysis. Measuring PFAS requires specialised analytical methods capable of detecting concentrations at nanograms per litre. Not all laboratories are equipped for this and respected methods are essential.
- Compound mixtures. Sites are rarely contaminated with a single PFAS. Multiple compounds are typically present in varying proportions, complicating risk interpretation.
- Diffuse migration and rebound. Even after the source is removed, PFAS can slowly leach from soil into water over extended periods. Groundwater plumes may continue to migrate and concentrations can rebound after initial remediation efforts.
- Evolving regulatory thresholds. Federal and state guideline values are regularly updated as new evidence emerges. The PFAS NEMP version 3.1 (released mid-2026) introduced updated ecological guideline values and biota screening thresholds that consultancies and site managers must account for.
Additionally, remediation options are often expensive and vary in effectiveness depending on site conditions. Complete removal of PFAS from soil and groundwater is often impractical and long-term management and monitoring may be required.
Who Needs To Consider PFAS Risks: Businesses, Developers, Property Owners
PFAS risk is not limited to Defence sites. Anyone involved with land near historical foam-use areas should be aware of potential exposure.
Key scenarios include:
- Redevelopment near defence bases, airports or fire training facilities. PFAS plumes can extend off-site and development approvals may require PFAS screening.
- Property purchase or due diligence. Purchasers of land near known or potential PFAS source areas should include PFAS assessment in their environmental due diligence.
- Sites with historical foam use. Old fire stations, industrial facilities with legacy foam systems or any property where foam was stored or used may require investigation.
- Owners of private bores or groundwater supplies. Where bores are located near PFAS source zones, drinking water testing and potentially the provision of bottled water or alternative supply may be necessary.
- Industrial operators managing PFAS-containing waste. Businesses storing or disposing of PFAS products or materials must understand obligations under the PFAS NEMP, IChEMS and relevant state regulation.
The economic and environmental harms from PFAS contamination can be significant. Early investigation and professional advice from our team helps to manage both regulatory and financial exposure.
7 Practical Steps For Investigating PFAS
West Soil & Water consultants have developed a structured approach for assessing and responding to PFAS contamination risks:
1. Desktop and records review: We begin by identifying historical AFFF use on or near the site. That includes reviewing defence records, historical aerial photography, fire training area locations, dates of foam use and any previous environmental investigations.
2. Site inspection: Our team walk the site to locate potential source areas: fire training pits, foam discharge and decanting points, storage facilities, drainage lines and wash areas.
3. Soil sampling: We design a sampling plan targeting source areas, down-gradient soils and depth profiles to assess vertical extent of contamination. We sample for long-chain PFAS (PFOS, PFOA, PFHxS) and other relevant compounds.
4. Groundwater and surface water sampling: Our consultants install monitoring bores, sample along contaminant pathways and test downstream receptors.
5. Accredited laboratories and validated methods: We work with NATA-accredited laboratories with ultra-trace PFAS analytical capability. All methods report both linear and branched isomers and maintain rigorous chain of custody and documentation.
6. Risk assessment: We’ll prepare reporting that compares measured concentrations against current guideline values and trigger thresholds. It will offer recommendations for management/remediation and future land use.
7. Management and remediation planning: Options include containment, source removal, water treatment (activated carbon, ion exchange, reverse osmosis), provision of alternative water supplies, and long-term monitoring programs. Community engagement may also be required.
How West Soil & Water Can Help With PFAS And Contaminated-Site Work
We’re a specialist, independent environmental consultancy based in Perth, providing comprehensive services for clients dealing with PFAS and broader contamination concerns across Western Australia.
Our services include:
- Contaminated site investigations: desktop assessments, historical land use reviews, site inspections and conceptual site model development tailored to PFAS and other contaminants.
- Soil testing and water testing coordination: design of sampling plans that meet current national guidance and WA regulatory requirements, engagement of NATA-accredited laboratories and selection of appropriate PFAS analytical methods and detection limits.
- Due diligence and environmental consulting: pre-purchase assessments, development application support, PFAS risk screening and advice on remediation and management strategies for developers, property owners and industrial operators.
- Risk assessment and interpretation: analysis and reporting of results against the latest NHMRC drinking water guidelines, PFAS NEMP thresholds and state-specific criteria.
- Remediation and management planning: preparation of site management plans, remediation action plans and long-term monitoring programs to support regulatory compliance.
We have experience working with sites affected by PFAS across Western Australia, including those with historical AFFF use and proximity to Defence facilities.
When To Contact Us
You should get in touch with us if:
- You are purchasing or developing a property near a defence base, airport or historical fire training facility
- You have received a contaminated sites notice or cleanup direction from DWER or another regulator
- You have identified unexplained contamination in groundwater, bore water or soil on your site
- You need PFAS-specific sampling, analysis or risk assessment as part of a broader environmental investigation
Working with our consultants can help you understand your obligations, manage costs and avoid delays.
Speak with a PFAS Expert Today
PFAS contamination is one of Australia’s most significant environmental challenges. The Commonwealth’s legal action against 3M has reinforced the scale of the issue, but the practical reality is that PFAS affects a wide range of sites, industries and landholders beyond the defence estate.
Understanding your site’s risk starts with a professional investigation. Whether you are planning a development, conducting due diligence or responding to a regulatory requirement, West Soil & Water can help you navigate the process with confidence.