To: Board of Supervisors
From: Thomas L. Geiger, County Counsel
Report Title: Litigation Related to Per- and Polyfluoroalkyl (PFAS) Contamination of Publicly Owned Property
?Recommendation of the County Administrator ? Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the County Counsel, or designee, to amend an existing legal services contract to authorize the law firms of Grant & Eisenhofer P.A., Seeger Weiss LLP, and Earth & Water Law LLC, to represent the Contra Costa County Flood Control and Water Conservation District and the Contra Costa County Fire Protection District, in addition to the County, as plaintiffs in litigation concerning per-and polyfluoroalkyl (PFAS) contamination of publicly owned property, with costs and fees paid on a contingency fee basis.
FISCAL IMPACT:
There are no out-of-pocket costs associated with initiating this litigation. The attorneys will be paid on a contingency basis. If the litigation results in an award of damages to one or more of the public agencies, it is anticipated that the funds will be used to reimburse the relevant agency for any tests performed on their property and, potentially, remediation of the property.
BACKGROUND:
On May 13, 2025, the Board of Supervisors authorized County Counsel to engage the law firms of Grant & Eisenhofer P.A., Seeger Weiss LLP, and Earth & Water Law LLC, in connection with litigation to be filed by the County concerning per- and polyfluoroalkyl (PFAS) contamination of County-owned property. The litigation, once filed, will be part of ongoing multidistrict litigation in federal court that was established to handle thousands of cases involving PFAS.
In addition to the County, the Flood Control District may have one or more claims against PFAS manufacturers if groundwater has been contaminated, and the Fire Protection District may have one or more claims against PFAS manufacturers due to its use of aqueous film-forming foam (AFF) to extinguish liquid fuel fire...
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