An A-10 makes a pass over the runway at Tucson's Davis-Monthan Air Force Base. July 2021.
Earlier this month, the City of Tucson filed a lawsuit against the United States Air Force over the contamination of its water supply by per-and polyfluoroalkyl substances (PFAS) released from Davis Monthan Air Force Base (DMAB).
The lawsuit filed on Monday, December 9, under the Federal Tort Claim Act (FTCA) seeks to recover past, present and future damages caused by ongoing PFAS contamination of the City’s drinking water, due to chemicals used by the Air Force at the base.
The lawsuit alleges that, “DMFAB has taken inadequate action to stop or mitigate the ongoing migration of its PFAS contamination into Plaintiff’s water supply and any assistance (financial or otherwise) it has agreed to provide will not continue for as long as necessary.”
Andrew Squire, spokesperson for the City of Tucson Manager’s Office said the legal action is in addition to prior litigation brought against manufacturers of PFAS chemicals used in firefighting foams, including 3M, DuPont and others.
Mike Rankin, City Attorney clarified that the City, "was and is" an active litigant in the legal actions against the aforementioned manufacturers.
“The City’s action against the USAF claims that the PFAS contamination caused by the USAF by its use of PFAS chemicals at DMAFB is an ongoing public nuisance and trespass; and that the USAF failed to provide warning to the City of the likelihood of PFAS contamination resulting from activities at DMAFB,” Squire said in an email.
Tucson submitted its initial claim to the U.S. Department of Defense in June.
As an FTCA claim, federal agencies have six months from submission to resolve the complaint.
After this period, the claim is deemed denied and the submitting party may proceed with a lawsuit to advance the claim.
The six-month period expired and the USAF notified the City on December 9, that the claim was denied, prompting the lawsuit to be filed on the same day.
The lawsuit also stated that, “DMAFB has knowingly and deliberately failed to remove the PFAS contamination from the soils and groundwater underneath its property, and has knowingly and deliberately failed to take all necessary steps to stop the ongoing migration of PFAS in groundwater from DMAFB to Plaintiff's wells.”
Squire added that the City’s pursuit of the FTCA claim is part of a larger effort to secure damages caused by PFAS contamination.
“The City already expended more than $70 million to remediate, treat and monitor PFAS contamination to ensure that it is serving all of its customers safe drinking water that is free of any PFAS contamination,” Squire said.
The claim comes two months after the Environmental Protection Agency (EPA) announced that the Air Force had complied with an emergency order issued in May, under the Safe Drinking Water Act.
This compliance is contingent on an interim settlement agreement between the Air Force, the City of Tucson and Tucson Airport Authority, which provides reimbursement to the City for water treatment costs.
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