Disagreements over potential liability for PFAS (per- and polyfluoroalkyl substances) cleanup have caused a delay in the Dane County Board’s vote on renewing a contract with the National Guard for use of the airport, according to a Wisconsin State Journal report. This contract permits the Air National Guard fighter wing at Truax Field to utilize the airport while offering firefighting services in return. However, the contentious issue revolves around new contract language that some fear may absolve the military of legal responsibility for PFAS contamination.
PFAS are synthetic compounds, often referred to as “forever chemicals,” known for their resistance to natural breakdown and usage in firefighting foam, nonstick materials, and various consumer products. Exposure to PFAS has been associated with health problems such as low birth weight, cancer, and liver disease.
The postponed vote centers on language in the contract that the military argues pertains only to potential future PFAS contamination. However, some supervisors find this clarification insufficiently clear within the contract language. The Air Force, responding to growing awareness of PFAS-related health risks, has started incorporating language in agreements with airports to shield itself from legal responsibility for potential future PFAS contamination.
County lawyers assert that the indemnification language in the contract does not extend to past PFAS contamination. Despite these clarifications, the county board supervisors remained unsatisfied, leading to a 21–11 vote in favor of postponing the decision on the contract until January. The concerns surrounding PFAS contamination and legal accountability continue to be a focal point in discussions between the Dane County Board, county lawyers, and the National Guard.
