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GRAND ISLAND – Grand Island’s City Council voted 8-0 Nov. 19 to approve hiring outside counsel to handle public water system class action cases involving Polyfluoroalkyl (PFAS).
PFAS are “forever chemicals” that may be found in a community’s water supply. PFAS are a group of man-made chemicals often used in consumer products such as non-stick cookware, waterproof clothing, and fire-fighting foams. Due to their nature, they don’t easily break down in the environment. They can remain in water systems for long periods of time.
According to a memo from Fisk to the City Council, the city of Grand Island has received notice that its water system has been identified as a water system which is impacted by the presence of PFAS. The city may be eligible now, or in the future, for participation in active class action lawsuits related to the presence of these chemicals.
Fisk recommended retaining Environmental Litigation Group and to enter into a retainer agreement that would authorize the firm, in consultation with the city attorney, to make claims on behalf of the city and to accept settlement offers on behalf of the city.
Environmental Litigation Group would work in conjunction with Class Action Capital Recovery and has presented to the city a consolidated retainer agreement for consideration.
The city has 45 days from a positive result to file a claim for participation as a Phase 2 participant.
“It is the belief of Environmental Law Group that test results from Oct. 17 may make us (the city) eligible if we are able to file a timely claim,” Fisk wrote.
The proposed retention agreement includes a contingency fee of 33 percent of any amounts collected. Of that, 22 percent would go to Environmental Law Group, and 11 percent would go to Class Action Capital.
If no PFAS funds are obtained by the city, no payment would be due to either group.
