Arizona Activists Fight PFAS Contamination Near US-Mexico Border

Environmental activists in Nogales, Arizona, are raising concerns about potential increased PFAS contamination from a new, fast-tracked heavy metals mine (South32's Hermosa mine) in an area already struggling with significant "forever chemical" pollution in the Nogales Wash, which carries wastewater towards the Santa Cruz River.

This development highlights the escalating legal and regulatory challenges surrounding per- and polyfluoroalkyl substances (PFAS) contamination, particularly in regions with existing environmental vulnerabilities and new industrial development. For practitioners, it underscores the growing potential for environmental litigation, regulatory enforcement actions, and public health crises stemming from these persistent chemicals. The situation in Nogales exemplifies the tension between economic development, such as critical mineral mining, and environmental protection, setting a precedent for future conflicts over resource extraction in environmentally sensitive areas.

The legal context involves a complex interplay of federal environmental statutes, such as the Clean Water Act and potentially CERCLA (Superfund) if PFAS are designated as hazardous substances, alongside state environmental laws in Arizona governing water quality and waste management. The article notes