Airport Lawsuits
Numerous airports have filed civil lawsuits to recover damages and costs associated with decades of firefighting foam use. U.S. District Judge Richard M. Gergel oversees most of these cases in the AFFF multidistrict litigation to coordinate pretrial matters, facilitate settlements, and trials. Airports claim that aqueous film-forming foams (AFFFs) containing per- and polyfluoroalkyl substances (PFAS) contaminated airport property and groundwater, as the foam was routinely used to extinguish liquid fuel fires.
Firefighting Foam Contaminates Airports
Federal law mandates that airports provide aircraft rescue and firefighting (ARFF) services during operations. For decades, airport firefighters trained with foams containing PFAS, specifically PFOA or PFOS, as required by FAA regulations. These regulations mandated the routine discharge of firefighting foam during training exercises. However, on January 17, 2018, the FAA issued new guidance to help airports manage the environmental, legal, and community risks associated with firefighting foam use. The FAA announced that airport operators could begin using three new testing systems for firefighting equipment that do not involve foam discharge. Public health concerns over PFAS groundwater contamination prompted this change.
Airport Response to Firefighting Foam Pollution
In 2017, the National Academy of Sciences issued a report titled: Use and Potential Impacts of AFFF Containing PFASs at Airports. This report urged airports to take immediate action to mitigate firefighting foam pollution. The report recommended that airports:
- Discontinue older firefighting foam formulations.
- Implement new training and testing methods that prohibit foam discharge.
- Assess the viability of legal claims against AFFF manufacturers to recover sampling and remediation costs.
- File lawsuits to recover damages, including costs for environmental investigation and cleanup.
- Develop and implement a PFAS sampling and mitigation plan.
- Establish a remediation strategy for contaminated airport property.
Legal Action and Potential Settlements
Currently, no nationwide settlement has been reached with firefighting foam manufacturers. However, airports are filing lawsuits against AFFF manufacturers and distributors. These airports are in the strongest position to secure settlements that fund testing and cleanup efforts. Lawsuits enable plaintiffs to gather evidence and build their cases for trial. Since trial proceedings often drive settlements, attorneys representing airports recommend litigation as the best strategy to recover costs for PFAS contamination cleanup.
