Milberg Calls for Action as Airports Face Rising PFAS Exposure and Legal Challenges

In a notable turn of events, Milberg PLLC, a prominent national plaintiffs' law firm, has made a significant call to action for airport operators across the United States. This comes in light of the rising concerns regarding PFAS (per- and polyfluoroalkyl substances) contamination that has been pervasive in the aviation sector due to the mandatory use of Aqueous Film Forming Foam (AFFF) over several decades. The firm has recently witnessed an influx of inquiries from airport managers keen on comprehending their exposure levels and the prospects for recovery resulting from PFAS-related litigation.

Context of PFAS Usage in Airports

Historically, the FAA mandated the application of AFFF at all certified airports since the 1970s. For decades, airport authorities have stored, tested, and utilized this fire-fighting foam, which is known to contain PFAS. Given this long-standing practice, it has become increasingly likely that many of these facilities already harbor PFAS contamination. Officials have noted that assessing the extent of this contamination is not a matter of if, but rather how extensive it is, as confirmed by ongoing evaluations.

Vicki Maniatis, a senior partner at Milberg, succinctly put forth the critical question: "The question now isn't whether they have PFAS contamination; it's who is going to pay for it?"

The Financial Implications of PFAS Contamination

Airports pursuing claims for recovery are not only focused on replacing the foam but are also confronted with substantial costs associated with various aspects of remediation. These include retraining firefighters, flushing existing infrastructure, replacing equipment, and managing ongoing environmental clean-up efforts. In this regard, it is crucial for airport operators to act promptly to explore their recovery options, thereby safeguarding their rights.

Tristan Duarte, an associate attorney at Milberg, remarked, "While in Coronado, it was evident that a significant number of airports at the conference were already involved in litigation or preparing to initiate proceedings. Those that are yet to assess their situation need to prompt their actions."

Litigation Landscape and Financial Settlement

In light of the worsening crisis, manufacturers of AFFF are compelled to confront their financial liabilities. Notably, these manufacturers have already committed over $14 billion to resolve contamination claims brought forth by public water systems. This settlement encompasses significant payouts to key manufacturers, including:

- 3M: $10.3 billion
- DuPont: $1.185 billion
- Tyco: $750 million
- BASF: $316.5 million

These settlements have been directed mainly towards four of the twelve major manufacturers involved, with ongoing litigation against the remaining parties ongoing.

Milberg has proactively filed complaints on behalf of multiple Part 139 airports in the multidistrict litigation (MDL No. 2873) in the U.S. District Court for the District of South Carolina. The firm anticipates that as more airport operators assess their contamination levels and explore their options, additional filings will follow.

About Milberg's PFAS Litigation Efforts

With over five decades of experience in environmental, mass tort, and complex litigation, Milberg PLLC stands as a robust representative for municipalities, water utilities, and airport operators. The firm has successfully recovered more than $50 billion for its clients, positioning itself as a pivotal force in the burgeoning realm of PFAS litigation.

In conclusion, the increasing awareness among airport operators about the implications of PFAS contamination underscores a pressing need for action. Milberg's initiative aims to guide these stakeholders in navigating the complexities involved in seeking recovery from manufacturers that have contributed to this ongoing environmental challenge.