
Judge dismisses $400M PFAS claim filed by New Mexico landowners
A federal judge has dismissed a lawsuit filed in August by almost 30 New Mexico landowners over PFAS contamination.
The Curry County property owners, who live near Cannon Air Force Base, allege the U.S. Department of Defense contaminated their properties by using firefighting foams containing substances known as "forever chemicals" — which amounted to a "taking" of their property by the federal government without sufficient compensation.
Aqueous film-forming foam, a firefighting foam that contains per- and polyfluoroalkyl substances, was used at Cannon Air Force Base for decades, according to the lawsuit. PFAS was discovered both on the base and in surrounding areas in 2018.
A local dairy farmer, Art Schaap, had to euthanize thousands of cows on his farm as a result of the plume of contamination. Schaap was a plaintiff in the case.
U.S. Court of Federal Claims Judge Armando Bonilla wrote in an order the claims of several plaintiffs were "unripe."
"While these plaintiffs have been alerted to the possibility of serious PFAS contamination on their property — and have been working diligently to determine the extent of that contamination and hold the Government accountable for its contribution — they have not yet been able to confirm the extent of the contamination through complete groundwater and soil testing," Bonilla wrote.
Furthermore, the judge wrote, there wasn't sufficient evidence the Air Force intended to spread contamination or was required to dispose of PFAS in any particular way — at the time of use, the chemicals had not been deemed hazardous.
A bill passed this year by the New Mexico Legislature includes PFAS under the state's hazardous waste definition.

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
2 hours ago
- Yahoo
North East MPs react to Rachel Reeves' winter fuel payment announcement
North East MPs have welcomed the news nine million pensioners will receive a winter fuel payout again this year. The Chancellor announced a £1.25bn U-turn today (Monday, June 9) which will see the payment worth up to £300 restored for the vast majority of pensioners. It will mean all OAPs with an income of under £35,000 will automatically receive the amount, after the payment was initially scrapped last year for all but the worst-off pensioners. Confirming the U-turn, Rachel Reeves said the Government had 'listened to people's concerns' about the decision to limit the payment to the poorest pensioners last winter, and was now able to widen eligibility because Labour had restored 'stability' to the economy. Durham MP Mary Kelly Foy said: 'I'm delighted the Government has listened to the voices of those impacted by the loss of Winter Fuel Allowance, and to campaigners, charities and MPs who have been advocating for it be either be re-introduced, or for the cut off threshold to be extended to ensure more people are eligible. 'I made my opposition to these cuts clear at the time, and have continued to advocate for the Government to change course. It's good news more people will benefit from this payment this year, but the Government must ensure decisions made going forward protect vulnerable groups, rather than push them further into poverty. Ms Foy called for a U-turn on the Government's policy last year. Read next: Craig Yorke: Girls tell jury defendant had weapons in car before alleged murder Prosecco-launching booze thief who flung bottle at Tesco staff barred from Darlington Call for speed bumps on 'lethal' County Durham road after boy, 9, hit by car lick here to join our WhatsApp community and get breaking news updates direct to your phone. Luke Myer, MP for Middlesbrough South and East Cleveland, said: 'This is a positive and long-overdue step to support older people through the winter. "I'm pleased the Treasury have listened to me and other MPs who expressed concern about the threshold. 'Raising the threshold will help pensioners across Middlesbrough South and East Cleveland to stay warm and well. But we also need to see faster action to bring down bills in the long term and end the unfair postcode lottery for fuel poverty in our region.'
Yahoo
3 hours ago
- Yahoo
Abrego Garcia is back but contempt and sanctions for Trump admin still on the table
With Kilmar Abrego Garcia back in the U.S. after his illegal removal to a notorious Salvadoran prison, followed by months of Trump administration delay and defiance, the administration wants to focus on the new criminal charges it had waiting for him upon his return. But understanding what brought us to this point is crucial not only for how to think about the criminal case, but also because his civil case against the government isn't over just because he's back. Abrego Garcia's lawyers reminded us of that Sunday in their latest court filing to U.S. District Judge Paula Xinis, the Maryland judge who ordered the government to facilitate his return back in April. The filing came in response to the Trump Justice Department's request Friday to halt pending civil litigation over fact-finding into the government's facilitation efforts, just after Xinis had approved Abrego Garcia's lawyers' bid to file a sanctions motion against the government, due Wednesday. Responding to the claim that the civil case is now moot due to his return, Abrego Garcia's lawyers reminded the Obama appointee that she 'still retains jurisdiction to find contempt and impose sanctions.' They called the government's claim that it has complied with her order 'pure farce,' writing: The Government flouted rather than followed the orders of this Court and the United States Supreme Court. Instead of facilitating Abrego Garcia's return, for the past two months Defendants have engaged in an elaborate, all-of-government effort to defy court orders, deny due process, and disparage Abrego Garcia. In its latest act of contempt, the Government arranged for Abrego Garcia's return, not to Maryland in compliance with the Supreme Court's directive to 'ensure that his case is handled as it would have been had he not been improperly sent to El Salvador,' . . . but rather to Tennessee so that he could be charged with a crime in a case that the Government only developed while it was under threat of sanctions. Farcical is a good summary of this case and the administration's broader immigration stance. The description pairs well with U.S. District Judge James Boasberg's recent nod to Franz Kafka's 'The Trial,' in comparing the novel's absurd legal ordeal to the administration's summary removals of scores of Venezuelan immigrants to El Salvador's mega-prison known for human rights abuses. (Litigation is pending separately in that case in Washington, D.C., as lawyers try to secure the immigrants' return. That case also includes an attempt to hold the administration accountable for contempt, which is pending separately on the government's appeal in D.C.'s federal appeals court.) Urging Xinis to keep the civil case alive, Abrego Garcia's lawyers said the government's 'wanton disregard for the judicial branch has left a stain on the Constitution' and that if there's 'any hope of removing that stain, it must start by shining a light on the improper actions of the Government in this tragic affair and imposing meaningful remedies.' Meanwhile, Abrego Garcia's criminal case is getting started in Tennessee, where he's charged with illegally transporting undocumented immigrants. It's an understatement to say the new case will be highly scrutinized, given how it came about in an apparent attempt by the administration to save face. That doesn't mean federal prosecutors won't be able to secure a conviction; they may be even more motivated to do so, given the political stakes. On that note, ABC News reported, citing unnamed sources, that the decision to pursue the criminal case led high-ranking Tennessee prosecutor Ben Schrader to resign due to 'concerns that the case was being pursued for political reasons.' Asked about the reason for his resignation, Schrader declined to comment to NBC News. If his resignation is connected to the criminal case against Abrego Garcia, then the administration's political posturing through the Justice Department has led to the loss of yet another career prosecutor — one of this administration's sordid legacies, as exemplified by the Eric Adams dismissal debacle earlier this year. Abrego Garcia is reportedly set to go before a judge Friday for arraignment, where he'll presumably plead not guilty and the government will press its case for detaining him pending trial. We don't know how this criminal case will end, but it will proceed in a U.S. court under the due process protections the administration has resisted providing in this case and others. Subscribe to the Deadline: Legal Newsletter for expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in the Trump administration's legal cases. This article was originally published on


Forbes
5 hours ago
- Forbes
FBI Warns iPhone And Android Messaging App Users Not To Click
As the onslaught, and that's what it is, of cyberattacks targeting smartphone users continues, the Federal Bureau of Investigation has some drastic, yet practical advice: do not click on these messages. Here's what the FBI says that iPhone and Android users must do to stay protected against the cybercriminal hackers carrying out these attacks. It feels like the threat from criminal hackers has never been greater, at least if the number of cybersecurity advisories, law enforcement warnings, and critical alerts from some of the best threat intelligence analysts in the business is anything to go by. From Windows users being urged not to open malicious LNK files and ransomware attacks that are skyrocketing. But it's smartphone users who are once again on the sharp end of many of these evolving threat campaigns. Android users have watched as their contacts are turned into hackers, and iPhone users are now advised to have a special code ready to repel malicious callers. The FBI has not been shy of coming forward with warnings itself: a public service cybersecurity advisory concerning an ongoing malicious texting campaign impersonating officials in U.S. federal and government roles, another regarding smartphone attacks against lawful foreigners in the U.S., and even postings to social media platforms such as X warning members of the public about attackers using AI-generated messages. One thing that many of these threats have in common is the use of smartphone messaging to execute their attacks. SMS phishing, known as smishing by some, and voice message phishing which can be referred to as vishing by the same people who seem to hate the English language, are often employed and often driven by AI tools in the background. Yet, no matter how advanced the attack might seem. No matter how sophisticated it all appears, what with AI being involved and brand or officialdom impersonation involved. They nearly all rely on the same tactic to infect the user, to get the victim to download malware or hand over login credentials. Yes, you've guessed it: a malicious link. Which is where the blunt but accurate FBI warning enters the security equation: Do not click. 'Don't click on anything in an unsolicited email or text message. Look up the company's phone number on your own (don't use the one a potential scammer is providing), and call the company to ask if the request is legitimate,' the FBI said.