MUSKEGON, Mich. -- A Kent County Circuit judge has dismissed a lawsuit filed against the Gerald R. Ford International Airport over alleged PFAS contamination of the underground water supply.
Michigan Attorney General Dana Nessel filed a lawsuit in September 2023 seeking damages for the alleged destruction of natural resources stemming from the use of a firefighting foam. The foam supposedly contained PFAS chemicals. But the airport argued in court that the Federal Aviation Administration requires the foam to be used for safety reasons.
The airport says in a written statement that the court ruling affirms its position that it was obligated to follow the FAA's directions and that doing so does not create an environmental cleanup liability.
The Michigan Department of Environment, Great Lakes & Energy also was part of the lawsuit filed against the airport.
Here is the media statement from the airport after the judge's dismissal:
The Gerald R. Ford International Airport Authority is pleased that the Circuit Court in Kent County has issued a decisive legal ruling in the State’s lawsuit filed against the Airport. The Court resolved the case with prejudice in favor of the Airport, affirming our long-standing position that the Airport was obligated to follow the directions of the Federal Aviation Administration (FAA) related to the use of firefighting foam containing PFAS (per- and poly- fluoroalkyl substances) to help ensure the safety of the traveling public, and that doing so does not create an environmental cleanup liability. According to the Judge, this is “a final order that resolves the last pending claim and closes the case.” The Court’s order reinforces the Airport’s belief that it has adhered to all applicable regulatory and legal requirements regarding the mandated use of PFAS in firefighting foam and environmental protection. As recognized by the Judge, “…the Court believes that federal preemption applies and thus prevents the State from suing the Airport for alleged NREPA violations. Additionally, even if compliance with the State is required, the Airport operates under a valid license from MDOT, which has indicated that the Airport is in full compliance with State rules and regulations.” Even without liability under Michigan’s environmental cleanup law, for the past seven years, we have worked to understand and mitigate impacts of historical use of these federally-mandated products. We take pride in our unwavering commitment to environmental stewardship on behalf of the community. This commitment includes hundreds of hours dedicated to our continued scientific, data-driven approach to our PFAS investigation. Looking ahead, the Airport will remain deeply committed to the community and our environmental stewardship. We hope to continue to work collaboratively with the Michigan Department of Environment, Great Lakes and Energy (EGLE). Specifically, we will continue to lead PFAS pilot programs for both soil and surface water remediation techniques, in an effort to find nationally applicable solutions for the broader aviation industry.
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