To: Board of Supervisors
From: Thomas L. Geiger, County Counsel
Report Title: Litigation Related to Per- and Polyfluoroalkyl (PFAS) Contamination of County-Owned Airport Property
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the County Counsel, or designee, to execute on behalf of the County a legal services contract with the law firms of Grant & Eisenhofer P.A., Pawa Law Group, and Earth & Water Law LLC, in connection with litigation to be filed concerning per-and polyfluoroalkyl (PFAS) contamination of County-owned airport property, with costs and fees paid on a contingency fee basis of between 10% and 25% of any damages awarded to the County.
FISCAL IMPACT:
There are no out-of-pocket costs associated with initiating this litigation. The attorneys will be paid on a contingency basis if a court awards damages to the County. If no damages are awarded, the County would not pay anything to the attorneys. If the litigation results in an award of damages to the County, it is anticipated that the funds will be used to reimburse the County for tests performed on certain County-owned airport property for PFAS contamination and, potentially, remediation of the property.
BACKGROUND:
For many years, the FAA required Buchanan Field Airport to provide firefighting services using aqueous film-forming foam (AFFF). AFFF is one of the most well-known uses of a family of synthetic chemicals known as per- and polyfluoroalkyl (PFAS). A growing body of scientific research links many PFAS to a variety of health concerns. Working with the State’s Water Resources Control Board, the County has begun investigations into PFAS concentrations in soil and groundwater resulting from past PFAS use at the airport.
The subject contract would engage the law firms of Grant & Eisenhofer P.A., Pawa Law Group, and Earth & Water Law LLC, to provide legal services to the County with respect to damages, compensation, and other relief to which the County may be entitled as a result of PFAS contamination. Under the terms of the contract, the law firms will be paid on a contingency fee basis. If the litigation is successful, the law firms will be entitled to reimbursement of costs incurred and attorneys’ fees equal to 10%-25% of the award. The exact percentage paid to the attorneys will depend on the amount of damages awarded, among other factors.
CONSEQUENCE OF NEGATIVE ACTION:
The County will either not pursue litigation concerning PFAS or will select alternative legal counsel.
Cc: Warren Lai, Public Works Director
Greg Baer, Director of Airports