THE Australian government is suing US chemical giant 3M for £1.1 billion over its alleged use of PFAS in firefighting foam – a legal route not open to Jersey after the Island struck a £2.6m deal with the firm in 2004.

Announcing the legal action last week – the largest claim ever brought by the Australian government, Attorney General Michelle Rowland said that the country was seeking to recoup the “substantial costs” in dealing with the manmade ‘forever chemicals’ which had contaminated 28 military bases around the county.

It claims 3M withheld and misrepresented details about the foam and its environmental impact, assuring them it was safe, despite knowing otherwise.

In response, 3M said it would defend itself against the claim, arguing that it had never made PFAS in Australia and stopped selling the foam in the country 20 years ago.

3M-made firefighting foam containing PFAS – which has been linked to illnesses including cancer, low immunity and high cholesterol – was also sprayed over many years at the Airport.

However, in January 2005, the States Assembly approved a 2004 ‘Deed of Settlement’ with 3M in which the government pledged never to sue the firm in exchange for £2.6m, which was used to build a new fire training ground at the Airport.

In the settlement, the States of Jersey also undertook that they would “not take any action or other steps […] to procure, permit, promote, suggest support or induce any such company or other persons to make any claim or bring any proceedings against 3M or any 3M Entities in relation to the supply of any firefighting foam, the environmental, health, or safety effects of any firefighting foam or any substances in firefighting foam, or the presence or possible presence of any firefighting foam or any substances in firefighting foam in surface water, groundwater or public water supply at or in the vicinity of Jersey Airport or Jersey Airport Fireground”.

In 2022, 3M said it would stop making and using PFAS by the end of last year.

Since the 2004 settlement was signed, more and more studies have established a link between PFAS ingestion and various illnesses.

In 2023, the government established a ‘PFAS Scientific Advisory Panel’ which has made several recommendations, including proposing that the government offer a programme of ‘therapeutic phlebotomy’ – or replacing blood with clean blood – for residents affected by PFAS.

In March, a proposition by Environment Minister Steve Luce to set a legal standard for PFAS in drinking water was effectively filibustered out after a Scrutiny panel ‘called in’ the proposal to review it.

This was after utility Jersey Water had said that building a treatment plant to meet this standard would cost up to £210m.