3M Plans to Argue Australia's $1.4 Billion PFAS Lawsuit Is Legally Flawed

3M plans to argue that Australia's PFAS lawsuit, which seeks more than A$2 billion in damages, is legally flawed, a court heard on October 16, 2026. MarketScreener reported that the claim against the Minnesota-based chemicals maker and its local unit is the largest ever brought by Australia.

3M's Public Nuisance Argument in Sydney

Australia's case is that 3M knew or ought to have known the firefighting foam it made and supplied could damage the environment and harm people, but it failed to warn the government. The foam's pollution interfered with people's ability to use and enjoy the water and land around the bases, creating what the government says amounted to a "public nuisance" under Australian law for which 3M should pay compensation.

"On Australian authority, the pleaded case does not comprise public nuisance," 3M's barrister Philip Solomon said at the first case management hearing for the lawsuit on Friday. Solomon said the allegation against the respondents was that they had the means to abate the nuisance, caused it, were responsible for the particular or special loss associated with it, and had the ability to control its discharge. "We will in a number of pages set out why public nuisance as pleaded is not available," he said.

In its defence, expected to be filed on December 11, 3M also plans to question whether another part of Australia's case was time-barred because the alleged conduct occurred decades ago. That part of the case alleges the company breached consumer protection laws by making misleading claims about the foam's features and safety, Solomon said. 3M sold the firefighting foam in Australia from 1966 to 2003.

What 3M's Company Records Show

According to akta.pro company records, 3M operates 49 proprietary technology platforms across adhesives, abrasives, advanced materials, filtration, electronics, and safety solutions. The same records list a 2026-08 post-IPO debt round of $4.2 billion led by JPMorganChase and a 2024-03 grant of $5 million led by the US Department of Energy. 3M reported first-quarter 2026 GAAP revenue of $6.03 billion with adjusted diluted EPS of $2.14, up 14% year-over-year, and 1.3% year-over-year sales growth.

Earlier PFAS Cases Involving 3M

In October 2026, residents in Salisbury suing Perdue over PFAS contamination sought to add 3M and four Johnson Controls-related companies as defendants, Yahoo reported. In September 2026, New Hampshire towns Keene and Londonderry filed a proposed class-action lawsuit against 3M, DuPont, and other gear manufacturers, alleging PFAS in firefighter turnout gear exposed firefighters to cancer risk, according to Yahoo.

3M's December Court Date

The case will return to court in December, when 3M's defence is expected to be filed on December 11.