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Thu, Feb 02, 2012

100LL Lawsuit Called 'Legal Abuse' By NATA

Coyne Warns GA Threatened In California

At a time when deficit spending and a business exodus in California threatens the state with a fiscal crisis next month, aviation business advocates are warning a lawsuit against the leaded avgas supply chain could devastate the aviation business in the state.

Writing in the Long Beach Business Journal, Sean Belk notes that the lawsuit by the Center for Environmental Health (CEH), which claims the producers and retailers of 100LL have violated state law by failing to warn the public about health hazards, threatens to assess significant civil penalties against the businesses.

CEH claims drinking water sources near seven airports in California are polluted with lead from avgas, and notes that LAX, Oakland International, John Wayne, San Diego and Long Beach airports are among the 12 highest lead producers of all US airports.

The Journal reports that James Coyne (pictured), president of the National Air Transportation Association (NATA), told industry officials at Toyota AirFlite at Long Beach Airport that the CEH’s lawsuit is a form of "legal abuse," since the suppliers of avgas are often required under lease agreements to provide the fuel to general aviation aircraft users. NATA is fighting the suit on behalf of the defendants, and has asked the FAA to get involved, but so far the agency has declined. NATA's attempt to have the CEH suit dismissed on the basis of federal preemption has been rejected by the courts, on the basis that aviation businesses have not yet suffered any actual economic damage.

Coyne tells the Journal, "We really got to get the message out to the business community...that aviation in California is facing a threat that exists nowhere else in America today. We have the State of California, individually, all by itself, deciding how dangerous aviation fuels are or not and imposing the threat of very, very significant mitigation which may lead to the abandonment of fuel for piston-aircraft if worse comes to worse."

FMI: www.nata.aero

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