By Sara G. Stephens

As airport skies hum with the sound of arrivals and departure, a silent, toxic threat lurks beneath the ground—it’s PFAS contamination, and it’s sparking a multi-billion-dollar battle over health, safety, and environmental justice.

Airports rely on aqueous film-forming foams (AFFF) for rapid suppression of aviation fuel fires, making these facilities particularly vulnerable to per- and polyfluoroalkyl substances (PFAS) contamination. Unbeknownst to airport operators, these foams contained high levels of PFAS, which seeped into the soil and groundwater, leading to long-term environmental and health hazards.

It’s important to note that airports are victims—not culprits—of PFAS contamination.

Manufacturers told airport operators that AFFF was safe. Then, the Federal Aviation Administration (FAA) mandated airports to use the foam. Now, as the dangers of PFAS surface, airports are forced to pivot into clean-up mode—a simple but costly process.  

Airports didn’t stand a chance, and now, they’re turning to civil courts for help.

How Airports Became Contaminated With PFAS

The contamination of airports with PFAS primarily stems from the use of AFFF during emergency responses and training exercises.

In 2023, the Environmental Working Group (EWG) confirmed U.S. Department of Defense data showing 455 military sites, including airports, are contaminated with PFAS.  Previous EWG reports indicated that many of the highest PFAS detections in the country exist on or near military installations, primarily attributing these concentrations to the use of AFFF.

Over the decades, repeated use of these foams has resulted in significant PFAS accumulation in surrounding soils, surface water, and groundwater. According to the Environmental Protection Agency (EPA), PFAS have been detected in the groundwater near numerous U.S. airports, raising concerns about drinking water safety for nearby communities.

For example, in November 2023, the Chicago Sun Times reported that AFFF chemicals had seeped into the groundwater underneath O’Hare and Midway airports, once the sites of military stations. According to the Times, “tens of thousands of gallons of the foam” have been stored at both airports for decades, during which time airport and military station operators used AFFF to put out petroleum-based fires and in training exercises.

FAA Shifts Use of AFFF

The Federal Aviation Administration (FAA) initially mandated the use of AFFF for aircraft firefighting due to the foam’s superior efficacy in extinguishing fires. However, growing concerns regarding health and environmental impacts have prompted a shift in policy.

In January 2023, the Department of Defense (DoD) introduced a military specification (MILSPEC) for fluorine-free foam (F3), which does not contain PFAS. In September 2023, the DoD listed one F3 foam in its Qualified Product List, thereby meeting regulatory requirements for use at certain airports. Two additional F3 products were submitted for testing and certification in December 2023.

Challenges and Costs of Transitioning to F3 Foams

While this change allows airports to reduce PFAS exposure to the surrounding environment, the transition comes with significant challenges:

• Sourcing and purchasing new firefighting products will be costly, posing financial barriers to the switch.
• Further training will be necessary to ensure that emergency responders, accustomed to using AFFF, can properly use F3.
• Existing equipment, such as Aircraft Rescue and Firefighting vehicles, may also be contaminated with residual PFAS from previous AFFF use. Thorough cleaning or replacement of this equipment, along with the proper disposal of the contaminated cleaning rinsate, will incur substantial expenses for airports.

Airports’ PFAS Clean-Up Efforts and Costs

According to the Guidebook for Environmental Management of PFAS at Airports, “Airport managers are faced with a growing need to address PFAS legacy environmental contamination and prevent future PFAS problems.”

Recognizing the severity of PFAS contamination, airports and regulatory agencies have embarked on extensive clean-up efforts. Once PFAS contaminate local water sources, their removal becomes exceedingly challenging and expensive. The Department of Defense (DOD) estimates that addressing PFAS contamination at military airfields and similar facilities could exceed $2 billion.

Civilian airports face similar financial burdens, with remediation costs potentially ranging from millions to hundreds of millions of dollars per site, depending on the extent of contamination.

Lawsuits Aim to Help Airports Manage PFAS Remediation

Increasingly, airports are stepping up as plaintiffs in lawsuits to recover clean-up expenses from chemical manufacturers.

For airports, pursuing litigation offers a viable strategy to mitigate future costs and secure funding. These facilities can leverage product liability law to hold manufacturers accountable for the cleanup costs of environmentally harmful products.

Most of the PFOA and PFOS produced in the U.S. came from just two companies, 3M and DuPont, both of which were long aware of the environmental and health risks associated with their products. Consequently, many governmental and private entities have filed lawsuits to hold PFAS and AFFF manufacturers responsible for the costs of PFAS contamination cleanup.

Numerous airports have joined property owners, water systems, states, and other parties in pursuing litigation against PFAS manufacturers through multi-district litigation (MDL) proceedings. These proceedings are designed to efficiently coordinate complex cases filed in multiple federal district courts.

Water Provider PFAS Legal Battles and Lawsuits

The financial and environmental toll of PFAS contamination has spurred numerous lawsuits, setting a viable recovery roadmap for airports. For example, affected communities, states, and municipalities have filed legal actions against PFAS manufacturers, accusing them of negligence and failure to warn about the dangers of their products.

$12.5 Billion Settlement With 3M

In June 2023, Levin Papantonio (LP) law firm announced that negotiations with 3M Co., a defendant in the national Aqueous Film-Forming Foams (AFFF) Products Liability Litigation MDL No. 2873, had culminated in a $12.5 billion settlement agreement with the chemical manufacturer.

“3M’s conduct has harmed Americans, and this settlement is a critical first step in preventing further harm,” said LP Attorney Wes Bowden, who serves on the Plaintiffs’ Executive Committee in the national AFFF litigation, in a press release about the settlement.

Under the agreement, 3M will pay between $10.5 billion and $12.5 billion to resolve lawsuits related to the contamination of drinking water systems nationwide with harmful per- and polyfluoroalkyl substances (PFAS). The funds will compensate water providers for water testing, infrastructure upgrades, and ongoing maintenance to ensure the safety of drinking water supplies. The settlement will be disbursed over a period of 13 years.

“3M knowingly polluted the world with its cancer-causing chemicals that are now found in the blood of 98% of Americans,” Bowden said. “This settlement provides the critical funding needed to protect Americans and remove these toxic substances from our nation’s drinking water.”

Help for Airports Through New Law

On May 16, 2024, President Joe Biden signed the bipartisan Federal Aviation Administration Reauthorization Act of 2024 into law. The law includes a new addition, Section 767 of Title VII, Modernizing Airport Infrastructure, which allocates resources specifically for addressing PFAS-related issues at airports.

Statistics on PFAS Contamination

In 2023, the Environmental Working Group (EWG) confirmed U.S. Department of Defense data showing 455 military sites, including airports, are contaminated with PFAS.  Previous EWG reports indicated that many of the highest PFAS detections in the country exist on or near military installations, primarily attributing these concentrations to the use of firefighting foam.

In the U.S., PFAS have been detected in the drinking water of over 100 million people, illustrating the extensive reach of these pollutants. The contamination levels often exceed the EPA’s advisory limit of 70 parts per trillion, requiring urgent remediation efforts.

In May 2024, the EWG released the fourth round of public water system testing data for PFAS. The data, presented as an interactive map, shows an alarming rate of growth for PFAS in the U.S. According to the May 2024 data, 1,593 sites show detectable levels of PFAS.

The Risks and Dangers of PFAS

A substantial body of research has investigated the potential health outcomes associated with exposure to these toxic chemicals. The most robust studies have established links between PFAS exposure and several illnesses, including:

• Kidney cancer
• Testicular cancer
• Ulcerative colitis
• Liver cancer

In June 2022, the EPA issued drinking water advisories for PFAS, warning that even minute, undetectable concentrations in water can cause adverse health effects in humans. This indicates that PFAS are hazardous at any concentration.

Safeguarding the Future

The issue of PFAS contamination in airports underscores the need for stringent regulatory measures, advanced remediation technologies, and accountability from manufacturers. As the legal battles continue and clean-up efforts intensify, the focus remains on mitigating the health risks and environmental impacts of these persistent chemicals.

The ongoing efforts to address PFAS contamination reflect a broader commitment to safeguarding public health and ensuring a cleaner, safer environment for future generations.