LANSING – Last Friday, the Sixth Circuit Court of Appeals issued an opinion affirming the U.S. District Court for the Western District of Michigan’s decision to remand a lawsuit filed by Michigan Attorney General Dana Nessel against the Gerald R. Ford International Airport Authority (GFIAA) for PFAS contamination in nearby drinking water sources. The Attorney General successfully argued that GFIAA was not acting under the Federal Aviation Administration when it used the PFAS-containing, firefighting foams that caused the contamination and that the case should remain 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.” 

Attorney General Nessel sued the GFIAA following repeated warnings and demands for action from the Michigan Department of Environment, Great Lakes, and Energy (EGLE) related to the Airport’s PFAS contamination, citing PFAS releases into the soil and groundwater. The State seeks injunctive and declaratory relief, past and future remediation and monitoring costs, and damages for the loss and destruction of natural resources.  

The Attorney General contends in her lawsuit GFIAA is liable for the Airport’s previous and known releases of PFAS pursuant to Part 201 (Environmental Remediation) of the Natural Resources and Environmental Protection Act (NREPA), as well as for violations of its National Pollutant Discharge Elimination System (NPDES) Permit. The PFAS releases have impacted nearby properties and the ‘forever chemicals’ have been discovered in residential drinking water wells in Cascade Charter Township, as well as in streams and other groundwater downgradient of the Airport. The full breadth of the PFAS emanating from the Airport remains unknown.