Great Lakes Wire

Last Friday, the Sixth Circuit Court of Appeals upheld a decision by the U.S. District Court for the Western District of Michigan to remand a lawsuit concerning PFAS contamination back to state court. The lawsuit was filed by Michigan Attorney General Dana Nessel against the Gerald R. Ford International Airport Authority (GFIAA). The case centers on allegations that GFIAA used firefighting foams containing PFAS, leading to contamination in nearby drinking water sources.

Attorney General Nessel argued successfully that GFIAA's actions were not under the purview of the Federal Aviation Administration, supporting her stance that the case should be handled in Kent County's 17th Circuit Court.

"Michigan residents deserve to have access to safe, clean drinking water," said Nessel. "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."

The lawsuit follows warnings and demands from the Michigan Department of Environment, Great Lakes, and Energy (EGLE) regarding PFAS releases into soil and groundwater at GFIAA. The state seeks various forms of relief including remediation costs and damages related to natural resource destruction.

Nessel's suit claims GFIAA is liable under Part 201 of the Natural Resources and Environmental Protection Act (NREPA) and cites violations of its National Pollutant Discharge Elimination System (NPDES) Permit. Contamination from these 'forever chemicals' has been detected in residential wells in Cascade Charter Township and surrounding areas.

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