(The Center Square) – Michigan Attorney General Dana Nessel sued the Gerald R. Ford International Airport Authority over alleged PFAS contamination.
The lawsuit claims the airport authority is liable for previous releases of PFAS-containing firefighting material known as aqueous film-forming foams, under Part 201 of the Natural Resources and Environmental Protection Act, as well as for violations of its National Pollutant Discharge Elimination System Permit.
According to the Agency for Toxic Substances and Disease Registry, PFAS are man-made chemicals often used in industry and consumer products worldwide since the 1940s, including in nonstick cookware, water-repellent clothing, stain-resistant fabrics and carpets and some cosmetics.
The lawsuit filed in the Kent County 17th Judicial Circuit Court says the Michigan Department of Environment, Great Lakes, and Energy have repeatedly warned and demanded action from the authority to address PFAS releases into the below-ground water supply.
The complaint seeks injunctive and declaratory relief, past and future remediation and monitoring costs, and damages for the loss and destruction of natural resources.
The lawsuit says the PFAS releases have impacted nearby properties and the “forever chemicals” have been discovered in residential drinking water wells in neighboring Cascade Charter Township, as well as in streams and other groundwater downgradient of the airport.
“The airport authority has had ample opportunity, over several years now, to step up and do the right thing,” Nessel said in a statement. “But as they’ve shown a refusal to accept responsibility for their actions or meaningfully attempt to clean up the messes they have made, we must compel them to act responsibly. Under Michigan law, if you caused the contamination, you must remediate it. We will continue to pursue our claims against the Authority until a satisfactory result is reached that protects the public and the environment.”
EGLE has demanded the airport authority provide information on its previous uses of AFFFs at the airport and it address known PFAS contamination.
In September 2020, EGLE demanded the airport authority comply with NREPA by investigating the nature and extent of PFAS contamination from the Airport’s historical use of AFFFs and providing notices of the migration of hazardous substances to the residents of neighboring Cascade Charter Township.
The lawsuit says the airport authority did not comply with the notice and denied any liability.
EGLE Director Phil Roos said the airport authority likely used foam containing PFAS for decades.
“Every resident across the state deserves clean air, safe water, and a healthy community, including being protected against toxic contaminants like PFAS,” Roos said in a statement. “We believe the Gerald Ford International Airport Authority used PFAS-containing foam for decades. These PFAS compounds have been detected in excess of the state’s standards both on and off the airport property and where they are negatively impacting the nearby drinking water wells and natural resources. Our hope is that after two years of EGLE working towards a voluntary settlement to resolve this matter this civil action will motivate the airport to address the PFAS contamination.”
Casey Ries, Engineering and Planning Director at Gerald R. Ford International Airport Authority, said they haven’t received the complaint yet, but that the airport “continues extensive, data-driven efforts to proactively assess and mitigate the potential impacts of PFAS on and off Airport property.”
Ries said the airport is engaged in industry conversations about the Federal Aviation Administration’s efforts to approve a fluorine-free firefighting foam.
“The Airport will continue to follow its `True North’ in advancing environmental stewardship on behalf of the West Michigan community and the aviation industry, while providing a world-class travel experience,” Ries said in a statement.
