FBOs Required To Post Warnings About Exposure To Lead Near Airports, Pay Small Penalty

Last week, California Fixed Base Operators (FBOs) and fuel distributors settled a 2011 lawsuit regarding the sale of leaded aviation gasoline brought by the Center for Environmental Health (CEH).

CEH filed the suit under California Proposition 65, a ballot initiative passed in 1985 that requires businesses to warn individuals exposed to hazardous chemicals. The original lawsuit sought to prohibit the sale of leaded aviation gasoline and impose millions of dollars in fines and penalties on FBOs and distributors. Under the agreement signed last week, the affected FBOs will provide warnings of lead exposure to individuals residing within one kilometer of the airport. The companies, including Air Petro Corporation (a leading seller of Chevron fuels), Eastern Aviation Fuels (a leading national marketer of Shell branded fuels), Avfuel Corporation (the nation’s leading independent supplier of aviation fuels) and others will pay a combined $550,000 in penalties and legal costs.

“We are pleased the matter is concluded and that California general aviation and its related businesses are no longer threatened,” said Thomas L. Hendricks, NATA President and CEO. “100 low lead avgas is currently the only fuel that allows the entire piston engine fleet to operate safely. We are working closely with the FAA as part of the Piston Aviation Fuels Initiative and it is entering into an exciting period in the search for an unleaded fuel for general aviation aircraft.”

“With this settlement, we expect the aviation industry to move more quickly to towards safer, lead-free fuels,” said Caroline Cox, CEH Research Director in a news release. “No one living near an airport should be exposed to a stunningly toxic chemical like lead when safer fuels are available.” The case, “CEH vs. Aerodynamic Aviation (RG11 600721)”, was heard in Alameda County Superior Court.

NATA assisted its members and others in the industry affected by the lawsuit to form a joint defense coalition. FBOs operating in the state of California, and selling leaded avgas not party to this suit now have the option of joining in the settlement to preempt future suits.

FMI: www.nata.aero, http://www.ceh.org/