6th Circuit Remands Airport PFAS Case, Says Federal Jurisdiction Is Lacking

( November 26, 2024, 12:31 PM EST) -- CINCINNATI — In an unpublished opinion, a panel of the Sixth Circuit U.S. Court of Appeals unanimously affirmed a lower court’s order that remanded a lawsuit over contamination from firefighting foam that contains per- and polyfluoroalkyl substances XE "per- and polyfluoroalkyl substances"  (PFAS) related to the use of the foam at Gerald R. Ford International Airport, ruling that the airport’s compliance with federal regulations, “even when mandatory and detailed, does not satisfy the ‘acting under’ requirement” needed to establish federal jurisdiction....