Michigan AG Brings PFAS Lawsuit Against the Gerald R. Ford International Airport Authority

By Troutman Pepper | JD Surpa | September 25, 2023

Read the full article by Troutman Pepper (JD Surpa)

"Michigan Attorney General (AG) Dana Nessel has filed suit against the Gerald R. Ford International Airport Authority to enforce demands by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) related to alleged per- and polyfluoroalkyl substance (PFAS) contamination of the regional drinking water supply caused by the airport authority.

Filed on September 8 in Michigan’s Kent County 17th Judicial Circuit Court, the lawsuit seeks injunctive and declaratory relief, past and future remediation and monitoring costs, and damages for the loss and destruction of natural resources for, among other issues, the airport authority’s alleged PFAS releases into the below-ground water supply, according to a statement from Nessel on her action.

The various forms of PFAS are commonly referred to as toxic “forever chemicals” because they do not break down in the environment. According to the U.S. Environmental Protection Agency (EPA), “removing PFAS from drinking water can be an expensive proposition.” The EPA is proposing to designate two forms of PFAS, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability (Superfund) Act, while an EPA final rule designating maximum contaminant levels in drinking water for PFOA and PFOS has been slated for promulgation in January 2024."