Decision Cites Lack of Commercial Availability and General Consensus

A California Superior Court judge recently ruled that GAMI’s unleaded avgas does not meet the legal definition of “commercially available,” meaning fixed-base operators (FBOs) and distributors in the state are not required to stock or sell it, particularly not in place of 100LL.

The decision follows a motion by the Center for Environmental Health (CEH) seeking to enforce a 2014 consent judgment requiring fuel sellers to offer a lower-lead alternative when one becomes widely available.

Judge S. Raj Chatterjee’s ruling points out that although G100UL has FAA approval via a supplemental type certificate (STC) and is available at two California airports, that alone isn’t enough. For the fuel to be considered “commercially available,” it must be broadly accepted across the general aviation industry, with widespread use and confidence from aircraft owners, engine and airframe manufacturers, and fuel distributors.

In his decision, Chatterjee said CEH had not shown that G100UL is approved for aviation use in a general sense, or that it is truly available to all potential buyers. Though he did not deny the health risks associated with airborne lead, he argued that CEH’s request was “premature.” The absence of an ASTM specification for G100UL is also a key factor in limiting industry acceptance and distribution.

GAMI had been prepared for the decision based on the judge’s earlier comments, but expressed frustration over how the process came to an end. Co-founder George Braly noted that, “had the testimony been subject to cross-examination, it is rather likely the Court would have ended up with a very different set of ‘evidentiary facts’, upon which to base its opinion, and the outcome would have, in this old lawyer’s opinion, been very different.”

Despite the setback, GAMI’s refining partner Vitol will continue to supply G100UL to the two California airports currently selling it, as well as locations in Mississippi and Texas. GAMI will be looking to add other distribution points as the FAA’s EAGLE fuel evaluation effort moves forward.

FMI: www.g100ul.com