Air Force Says CERCLA Bars New Mexico’s RCRA Suit Over PFAS At Base

Citing a series of provisions in the Superfund law, the Air Force is seeking to dismiss New Mexico’s suit aimed at winning a more rigorous response to its per- and polyfluoroalkyl substances (PFAS) pollution, an effort that highlights the hurdles states face getting federal agencies to clean up their contamination. In a brief filed earlier this month, the Justice Department (DOJ) on behalf of the Air Force argued that the law’s prohibition on pre-enforcement judicial review blocks New Mexico’s suit...