The Fayetteville City Council voted unanimously on March 25 to authorize the City Attorney to join other municipalities across the nation in filing suit to protect its interests regarding per- and polyfluoroalkyl substances (PFAS) contamination at the Fayetteville Regional Airport, which the City owns and operates.
Potential claims revolve around the allegation that aqueous film forming foam (AFFF) harmed property at the airport. AFFF is used to extinguish Class B fires involving flammable liquids like gasoline, oil and jet fuel. Federal rules require airports to store and regularly test AFFF.
Because of this, the city is joining the nationwide AFFF multi-district litigation. This would allow the city to share legal costs and participate in any settlement discussions. Possible damages include costs for testing and contamination remediation.
The City is represented by local counsel Hutchens Law Firm and Baron & Budd in Dallas, TX.
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