Gerald R. Ford International Airport | Gerald R. Ford International Airport Authority photo
An opinion issued late last year remanding back to state court a lawsuit against the Gerald R. Ford International Airport Authority for contamination from chemicals known as PFAS has been affirmed.
Last Friday’s decision by the Sixth Circuit Court of Appeals upheld a December 2023 ruling by the U.S. District Court for the Western District of Michigan that a lawsuit filed by Michigan Attorney General Dana Nessel against the airport authority should be heard in the 17th Circuit Court in Kent County.
“Michigan residents deserve to have access to safe, clean drinking water,” Nessel said. “I am pleased the Sixth Circuit has affirmed that state court is the appropriate venue for this lawsuit, as it is for countless other PFAS cases handled by my Department. I will continue to fight in state court to ensure that those responsible for PFAS contamination are forced to repair the damage they have caused our communities.”
In her lawsuit, Nessel contends the airport authority is liable for the airport’s previous and known releases of PFAS-containing firefighting foams, as well as for violations of its National Pollutant Discharge Elimination System permit.
According to Nessel’s office, the releases have impacted nearby properties with the chemicals found in residential drinking water wells in neighboring Cascade Charter Township, as well as in streams and other groundwater downgradient of the airport. The full extent of the PFAS emanating from the airport is unknown.
The airport had argued it was acting under the authority of the Federal Aviation Authority (FAA) and thus the case belonged in federal court.
But in its ruling, the Sixth Circuit Court of Appeals found no merit to that argument.
“…the Airport Authority operates the Airport as a local entity and complies with FAA regulations applicable to all airports. There is no contractual relationship or delegation of federal duties,” stated the opinion. “The FAA does not direct the Airport Authority’s day-to-day operations or exercise control over its employees.”
In its lawsuit, the state is seeking injunctive and declaratory relief, past and future remediation and monitoring costs, and damages for the loss and destruction of natural resources.