Tucson Takes on Air Force Over PFAS ‘Forever Chemicals’ in Groundbreaking Lawsuit

A significant legal battle is unfolding between the city of Tucson and the Davis-Monthan Air Force Base (D-M) over the contamination of groundwater due to per- and polyfluoroalkyl substances (PFAS). This issue could potentially escalate to the U.S. Supreme Court, setting a legal precedent with far-reaching implications.

PFAS, commonly referred to as “forever chemicals,” have been in use since the 1940s and are known for their persistence in the environment. They can accumulate in the human body, leading to various health risks. Historically, D-M and Tucson International Airport utilized these chemicals in firefighting foam, and leaks have since resulted in contamination of local groundwater. In response, the Arizona Department of Environmental Quality and the U.S. Environmental Protection Agency have urged both entities to engage in cleanup efforts.

While the Tucson Airport Authority has been cooperative, D-M’s response has been less forthcoming. In a letter to the City Council, Assistant City Manager Liz Morales noted that the Air Force claimed to be “working cooperatively.” However, this stance seems contradicted by their filing of a claim against the Air Force for neglecting to participate in remediation efforts.

City Attorney Mike Rankin clarified that the city is suing the Air Force, alleging that the contamination constitutes a public nuisance and that the military failed to alert the city about the risks associated with PFAS. The city has invested $71 million in remediation efforts, a bill it believes the Air Force should cover. According to the lawsuit, the military had knowledge of the dangers posed by these chemicals dating back to the 1970s.

“We’ve taken necessary actions to ensure that PFAS compounds aren’t present in the drinking water,” said City Manager Tim Thomure. He emphasized the need for the responsible parties to be held accountable. The cleanup effort is projected to cost hundreds of millions and may span decades.

The Air Force has refrained from commenting in detail due to the ongoing lawsuit, indicating that a formal response will be forthcoming. Sources suggest that the Air Force might be questioning the authority of the EPA to mandate cleanup, particularly following the Supreme Court’s recent decision to overturn the “Chevron Doctrine,” which had traditionally afforded deference to federal agencies in regulatory matters.

With the legal landscape shifting following pivotal Supreme Court cases, Tucson is seeking a determination that the EPA retains its power to enforce cleanup obligations despite recent judicial decisions. The city’s stance is that the presence of PFAS in groundwater, coupled with the Air Force’s historical use of these chemicals, necessitates accountability.

Military bases across the country, including D-M, face similar PFAS-related challenges. A 2019 Defense Department study revealed substantial exposure among service members, but did not establish a direct causal link to health issues. However, the evolving stance of the EPA regarding potential health effects associated with PFAS underscores the urgency of this situation.

As both parties prepare for this legal confrontation, the implications of the lawsuit could resonate beyond Tucson, influencing how environmental remediation is handled nationwide. The lawsuit raises critical questions about governmental accountability, environmental policy, and public health—issues that are increasingly at the forefront of legal and political discussions.

Ultimately, this case may also illuminate the broader consequences of military operations on urban environments, particularly in terms of accountability for long-term environmental damage. However, any speculations regarding the future of D-M or similar bases remain to be seen as the litigation unfolds.