3M Faces $2 Billion PFAS Lawsuit from Australian Government

When news broke on Thursday that the federal government would take the company 3M to court over PFAS contamination, seeking $2 billion in damages, Katherine resident and GP clinic owner Anjali Palmer was pleasantly surprised.

"I think that's awesome," she said.

"The damage done to the environment and to people's health has been so concerning for residents."

The federal government recently said it would seek damages to claw back the $1.3 billion the Department of Defence has already spent on tackling PFAS contamination at bases around the country, as well as projected future spending on the issue.

But Ms Palmer said she would like to see some of the money from any potential win go towards initiatives focused on the health of locals and the environment in Katherine, not just shoring up Defence's bottom line.

At RAAF Base Tindal, near Katherine, government sources say Defence has so far spent $107 million on PFAS treatment — with two treatment plants on the base having processed more than 3.6 billion litres of contaminated groundwater.

In a statement released last week, 3M said it would defend itself against the Australian government's claims.

A contaminated town

PFAS contamination in Katherine was first announced by Defence in 2016 — the result of decades of use of PFAS-containing firefighting foam at Tindal, which sits above a large and interconnected aquifer.

In the immediate aftermath, Katherine's town pool was closed and Defence trucked in bottled water.

A class action, settled in 2020, resulted in Defence paying $92.5 million to Katherine home owners and businesses to compensate for lost property value, as part of a broader class action that also included Williamtown in NSW and Oakey in Queensland.

Today, Katherine's town drinking water supply is thoroughly treated using a specialised plant to keep PFAS levels below minimum thresholds.

But residents with bores in the contamination zone are still advised not to drink their groundwater or eat eggs from chickens that drink water from the bores.

A 2018 health assessment commissioned by Defence also found there was an "elevated risk" for anyone who ate fish caught in the Katherine River on a regular basis, defined as one fish per week.

A Senate inquiry into the issue last year heard evidence that assessment had affected Aboriginal people in the region, who had historically eaten large quantities and varieties of fish and crustaceans from the river.

Calls for compensation for those who previously missed out

Katherine-based veterinarian and environmentalist Sam Phelan said, if the litigation was successful, the Commonwealth should put the funds towards compensating groups that missed out in the class action in 2020.

"[It could compensate] people living on the river, who are hunting and fishing from Binjari community, from Rockhole community."

Dr Phelan said there should also be money put aside for a "decent longitudinal health study" to monitor Katherine residents over coming decades, to check for health impacts from their exposure to PFAS.

An Australian National University (ANU) blood serum study released in 2021 — which took 2,587 samples from residents in Katherine, Oakey and Williamtown — found PFAS levels were higher in residents of those towns than in comparison towns.

In Katherine and Williamtown, higher levels of PFAS were also found to be associated with higher levels of uric acid, which is a marker of poor kidney function.

However, the researchers said the differences were "small and unlikely to be important to health".

More broadly, the ANU research team conducted a systemic review of existing literature on PFAS and human health and found there was "sufficient" evidence to show a link between higher PFAS levels and higher cholesterol, but only "limited" evidence on uric acid and reduced kidney function.

Independent senator Lidia Thorpe, who chaired the Senate select committee on PFAS last year, said she would be pushing for further blood testing in Katherine.

She said she also wanted to see the federal government invest in improved access to traditional food sources for Aboriginal people around Katherine.

Marion Scrymgour, the federal member for Lingiari, which includes Katherine, said she welcomed the government's legal action.

"PFAS have had a long-lasting impact on the Katherine community, and people deserve answers," she said.

NT Member for Katherine Jo Hersey has been contacted for comment.