CLOVIS, NM (KAMR/KCIT) — The owners of Highland Dairy near Clovis, Art and Renee Schaap, are suing the United States, the Department of Defense and the Air Force.
They’re suing the defendants in the US District Court of South Carolina for claims related to contamination from PFAS chemicals at Cannon Air Force Base.
The Schaaps are asking for a jury trial so they can have compensatory damages.
The lawsuit says Highland Dairy is not asking for equitable or injunctive relief.
As we reported earlier this year, the Schaaps say the contamination comes from Cannon Air Force Base’s use of aqueous film-forming foam or AFFF. for putting out fires and training.
AFFF contains per- and polyfluoroalkyl substances like PFOA and PFOS which according to the lawsuit spread from the base in a plume of underground water and poisoned his dairy cows.
Now, the dairy owners say they’ve been forced to spend about $200,000 dollars for filtration on their impacted wells.
Highland Dairy accuses the defendants of one count each of negligence, nuisance, trespass, and failure to warn.
This comes after the Schaap’s attorneys filed a federal torts claims act to sue the Air Force back in February.
The lawsuit claims the defendants have not issued a final decision after more than six months and that’s why they’re moving forward now.
The complaint was filed this past Thursday.
We have reached out to the Schaaps’ attorneys for comment on the complaint. They have not responded.
Highland Dairy also sued several AFFF manufacturers back in February. That case is still pending.
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