California FBOs Fire Back Against Lead Suit

 - July 27, 2011, 10:40 AM

A coalition of FBOs and fuel distributors who sell leaded avgas in California has filed a lawsuit against the Center for Environmental Health (CEH) and the state’s Attorney General in response to a planned lawsuit announced in May over the sale and use of leaded aviation gasoline. The CEH alleges the sale and use of leaded avgas is in violation of the state’s Safe Drinking Water & Toxic Enforcement Act (Prop 65), and seeks an immediate cessation of its use. According to the coalition, the Prop 65 lawsuits will disrupt efforts by the FAA and EPA to identify a leaded fuel alternative to power piston aircraft. A lawsuit under Prop 65 could initiate state enforcement proceedings, which could cripple avgas dealers through the imposition of huge civil penalties. The coalition is seeking immediate relief to protect its members’ rights to sell the leaded fuel. If upheld, the Prop 65 enforcement could ground California’s fleet of more than 37,000 piston-powered aircraft.