California firefighter PFAS exposure: Legal claims after airport foam transitions

California Senate Bill 1044 (SB 1044) mandated phase-outs of PFAS-containing foams at airports. Here are the key points of this mandate:

• Federally certified commercial airports must phase out PFAS-containing class B foams
• Airports must switch to fluorine-free (F3) alternatives by September 13, 2024.
• The deadline was timed to align with FAA approval of the safer foams

By law, the September 13 deadline was critical. Any continued presence of PFAS-based materials past this deadline - unless specifically excluded - may represent a failure in the duty of care toward firefighting personnel.

Compliance with the deadline was uneven, and action was delayed

Compliance across California airports has been uneven. Some airports set an example, while others fell behind:

• Only a small number of California airports successfully completed the transition by the deadline (according to a 2024 investigation)
• LAWA (LAX & VNY) fully removed PFAS from their Aircraft Rescue and Fire Fighting (ARFF) fleets
• Airports in San Diego, San Francisco, and Sacramento reported delays due to supply chain issues

Delays like these make sense to administrators, but for firefighters, they are only a period of continued, unnecessary exposure. For those services at facilities that failed to meet the September 2024 deadline, the risk stayed constant.

How airport foam transitions affect legal claims

Inconsistent transition across California airports opens two dimensions for legal claims:

1. Past use: Claims arising from years or decades of service before the existence of these protections, cases in which the toxic exposure has already occurred
2. Continued use: Claims based on exposure occurring at airports that were slow in compliance, where personnel remained in contact with the contaminated foam and equipment past the September deadline

Claims arising from continued use may be stronger than those based on past exposure.

If you used AFFF and developed a linkable disease, you may be eligible to file a claim

Firefighters should take advantage of this moment of urgency to secure their legal rights and document their exposure history. While California's protection measures fall within the scope of reducing future risks, they do not remediate pre-existing exposure and damage sustained by firefighters who served before or after these periods of transition.

Filing a legal claim is the practical way of tackling the implications of the postponed foam transitions. If you were exposed to AFFF as a firefighter, you might meet the criteria for filing a claim. Our attorneys at ELG Law can help you pursue accountability and seek compensation for these hazards you faced.