PFAS, Planes, and Problems: PFAS Regulation in the Aerospace and Aviation Industries

Green, E. G. (2024). PFAS, Planes, and Problems: PFAS Regulation in the Aerospace and Aviation Industries. Oklahoma Law Review, 76(2), 441. https://digitalcommons.law.ou.edu/olr/vol76/iss2/6

Abstract

This Comment will explore the development of the double bind many FAA-certified airports find themselves in as a result of the tension between the federal and state governments, PFAS chemical
manufacturers, and entities that employ the use of firefighting foam in the aviation and aerospace industries—the FAA, DoD, and National Aeronautics and Space Agency (“NASA”).

Part II will trace the historical evolution of PFAS chemicals, their introduction into society, and federal legislative responses to PFAS-chemical contamination. Part III outlines how PFAS chemicals were
introduced into the aviation and aerospace industries as well as legislative and judicial actions that relate to these industry contexts. Part III considers current lobbyist concerns and the respective responses of the FAA, DoD, and NASA regarding PFAS contamination stemming from their actions. Part IV will determine the responsibilities of the FAA and DoD by considering common law theories that have developed in response to data, litigation, legislative recommendations, and international
aviation standards. Finally, Part V will introduce reasons to reject previous justifications approving the use of PFAS chemicals. This Comment concludes by recommending actions the FAA and Congress can take as challenges associated with PFAS contamination continue to loom over the United
States.

This Comment is written with a focus toward protecting airports from FAA-imposed liability and safeguarding imperiled water and ecosystems. This Comment, adopting a similar approach to international aviation standards, argues that the FAA and the DoD should ban AFFF that contains PFAS and authorize an effective alternative to be used at all United States airports and spaceports.