PFAS Action Filed Against Michigan Airport Remanded to State Court

GRAND RAPIDS, Mich. — A Michigan federal judge has remanded a PFAS action filed against Gerald R. Ford International Airport Authority, ruling that removal was not proper under 28 U.S.C. § 1442(a)(1), because the airport did not show it was “acting under” a federal officer.

In a Dec. 4 order, Judge Jane M. Beckering of the U.S. District Court for the Western District of Michigan explained that § 1442 permits removal only if the defendant was “acting under” an “agency” or “officer” of “the United States.”

“Defendant has not shown that it was hired or enlisted by the federal …