New Mexico Sues U.S. Over PFAS at Military Bases

New Mexico has filed a new lawsuit against the federal government over widespread PFAS contamination at U.S. military bases within the state, escalating a multi-year legal battle over toxic “forever chemicals” that have poisoned groundwater, devastated local agriculture, and threatened public health in eastern New Mexico. The lawsuit, reported by The New York Times on May 19, 2026, marks the latest chapter in what the newspaper described as New Mexico becoming “the center of the nation’s reckoning with PFAS.”

Background: The Forever Chemical Crisis

PFAS (per- and polyfluoroalkyl substances) are a class of thousands of manmade chemicals used in waterproofing, non-stick cookware, and firefighting foams. Known as “forever chemicals” because they do not naturally break down in the environment, they accumulate in soil, water, and the bodies of animals and humans. Health officials have linked PFAS to decreased fertility, immune system damage, lower vaccine effectiveness, and increased cancer risks.

The U.S. military has used PFAS-containing aqueous film-forming foam (AFFF) for decades to extinguish aircraft fires and conduct training exercises. According to the Environmental Working Group, PFAS contamination has been identified at over 700 military bases nationwide.

Cannon Air Force Base: Ground Zero for Contamination

Cannon AFB, located near Clovis in eastern New Mexico and home to the 27th Special Operations Wing, has been at the center of the crisis. Since at least 2015, PFAS from firefighting foam used at the base has seeped into the underlying aquifer, creating a groundwater plume extending approximately four miles southeast of the base. The contamination threatens the Ogallala Aquifer, the primary water source for Cannon AFB, the City of Clovis (population ~40,000), and surrounding communities.

According to Source New Mexico, the contamination was first discovered in 2015. By 2018, PFAS from Cannon AFB had poisoned drinking water for over 100 private wells, and one municipal well serving Clovis was taken offline. PFAS levels in surface water were found to be approximately 27,000 times higher than EPA drinking water limits. Local dairy farmers were forced to euthanize approximately 3,500 cows with contaminated milk.

A Decade of Legal Battles

The legal dispute dates back to 2019, when New Mexico issued a corrective action permit under the Hazardous Waste Act requiring the Air Force to remediate the plume. The Air Force responded by suing New Mexico in federal court, arguing PFAS foam is not a hazardous substance and that the state lacked authority to enforce cleanup.

In 2022, a federal judge ruled that Cannon AFB is subject to New Mexico’s hazardous waste laws. The state filed its first federal lawsuit against Cannon AFB under the Superfund law (CERCLA) in July 2024. That case was later designated as a national bellwether in multi-district litigation in South Carolina federal court, as reported by the New Mexico Political Report.

In June 2025, the New Mexico Environment Department and Department of Justice filed a new state lawsuit relying on expanded authority under House Bill 140, which explicitly designates discarded PFAS-containing firefighting foams as hazardous waste under state law. The NMDOJ press release quoted Environment Department Secretary James Kenney saying, “After years of contesting responsibility, today’s lawsuit puts every one of the Air Force’s excuses to rest.”

Recent Developments: A Thaw in Relations?

On May 12-13, 2026, NMED and the U.S. Air Force announced a verbal agreement to establish a collaborative groundwater-sampling framework and accelerate PFAS cleanup around Cannon AFB. The agreement resulted from a May 8 meeting at the Pentagon involving Lt. Gov. Howie Morales, Secretary Kenney, and Assistant Secretary Michael Borders Jr.

The Eastern New Mexico News reported that the Air Force has spent $74 million on cleanup efforts to date. Clovis Mayor Mike Morris called the agreement “welcome relief after years of tension.”

However, just days later, New Mexico filed the new lawsuit reported on May 19, signaling that despite the verbal agreement, the state remains committed to holding the federal government accountable through the courts.

National Implications

The case has significance far beyond New Mexico. As a bellwether in multi-district litigation, it could set precedents for how courts treat more than 15,000 PFAS-related claims nationwide. The central legal question — whether the U.S. Air Force must comply with state hazardous waste laws — is currently before the Denver federal appeals court.

Congress has made approximately $3 billion annually available for PFAS remediation at military bases, but as Jared Hayes of the Environmental Working Group told The Guardian, the Air Force has been “generally dragging its feet when it comes to cleaning up PFAS pollution.”

What’s Next

New Mexico is pursuing PFAS accountability through two parallel legal tracks: federal court under CERCLA for monetary damages and environmental restoration, and state court under HB 140 for civil penalties and specific cleanup actions. The state remains in litigation with the U.S. Air Force in Denver federal appeals court over the fundamental question of state authority.

Key questions remain: Will the verbal cleanup agreement be formalized in writing? How will the appeals court rule on state authority? And what will be the long-term health impacts on the Clovis community? As Secretary Kenney told Source NM, the verbal agreement offers “optimism after eight years of pessimism” — but the path to resolution remains uncertain.