Australia’s A$2 billion PFAS case tests public-nuisance and warning theories

On October 16, Reuters reported that 3M told an Australian court it would challenge the legal basis of the government’s claim seeking more than A$2 billion over PFAS contamination at 28 military bases. Australia alleges that 3M knew or should have known its firefighting foam could harm people and the environment, failed to warn the government and created a public nuisance; 3M plans to argue that public nuisance is unavailable and that consumer-law claims may be time-barred. The defense is due December 11, and the case returns to court in December, making limitation records, historic product warnings and control over alleged pollution central evidence issues. Corporate counsel should treat legacy-chemical exposure as a combined tort, consumer-protection and remediation-cost problem rather than only an environmental regulatory matter.