WASHINGTON, D.C., and QUINCY, Mass. — The International Association of Fire Fighters (IAFF) has asked the Superior Court in Boston to dismiss with prejudice all remaining claims against the National Fire Protection Association (NFPA) from a lawsuit the IAFF filed in March 2023 related to standards development pertaining to firefighter protective gear, according to a joint announcement.
In March 2024, the judge dismissed the part of the lawsuit regarding the conspiracy claim, noting “the IAFF does not point to, and the Court cannot find, any factual allegations in the complaint that plausibly suggest NFPA or any co-conspirators set about to accomplish an unlawful purpose, or used unlawful means to achieve an otherwise permissible goal.”
IAFF has now asked the court to dismiss the remaining claims following a legal discovery process that “underscored the soundness of NFPA’s consensus-based standards development process,” the announcement says. Dismissing the remaining claims without prejudice means IAFF cannot file the same suit against NFPA.
What Does NFPA Say About IAFF Dismissing Charges?
“As NFPA stated from the very beginning, the IAFF’s legal strategy was misguided and not supported by the facts,” says NFPA president and chief executive officer Jim Pauley in the association announcement. “A portion of the lawsuit was dismissed in March 2024, and it was clear from the discovery process that remaining claims had no basis. We are pleased that they have asked the court to dismiss all claims.
“This outcome underscores that NFPA’s consensus-based process is the right forum for discussions about standards—one where all voices can be heard and all material is carefully considered by technical committee members in a transparent, inclusive manner,” he says.
“It is important to note the IAFF lawsuit had no bearing on the NFPA standards development process. NFPA is a neutral facilitator,” says Pauley. “We don’t create or dictate the provisions of a standard. That’s the job of our technical committees, which are comprised entirely of expert volunteers representing a balance of interests of groups from the firefighting community, government, industry, and consumers.
“Technical committees work diligently to evaluate each and every recommendation submitted as was the case in processing the latest edition of the firefighter gear standard. Every aspect of that independent process is publicly available, including the names and affiliations of committee members, how they vote, and all actions taken. No more than one-third of any technical committee is represented by the same interest category,” he says.
More About the Dismissal of the Charges vs. NFPA
The full dismissal of the lawsuit “affirms the hard work our organization and our valued volunteers do every day to make the world a safer place and to help protect first responders,” says Pauley in the announcement.
“The IAFF has long been an important and diligent participant in the NFPA code development process bringing the essential voice of the fire service,” he says. “We look forward to remaining focused on the mutual goal that matters most: protecting firefighter health and safety through strong, evidence-based standards.
NFPA understands the complex health risks that come with firefighting, and we’re deeply sympathetic to the terrible toll that cancer takes on firefighters and their families. We’re proud of our efforts to educate the fire service about occupational cancer risks, to advance research through the NFPA Fire Protection Research Foundation, and to advocate for federal legislation around this important public health issue,” says Pauley.
“For more than a century, we’ve worked with the fire service to protect life and property in our communities, and that important work will continue,” he says.
