Council approves legal services agreement to pursue PFAS claims for Butte-Silver Bow

The Butte-Silver Bow Council of Commissioners approved a resolution authorizing Chief Executive Gallagher to sign a legal services agreement with multiple law firms to pursue claims related to per- and polyfluoroalkyl substances (PFAS) contamination.

County Attorney Enruth described the agreement as a typical contingency civil-litigation contract: “This agreement is a standard, civil litigation agreement in which the firms are fronting all of the money… It is 0 cost to us, unless we win,” Enruth said, explaining the firms will advance expenses and recover fees and costs from any recovery.

Enruth told the council the firms specialize in PFAS litigation and that participation is necessary to retain rights to any available settlement funds. “If they fail to do so, then they lose their right if there are any PFAS chemicals in their groundwater,” he said. He also explained the agreement permits the firms to assess whether PFAS are present in groundwater or surface water, estimate remediation needs and determine potential settlement shares.

Chief Executive Gallagher reiterated that the action does not imply that the county’s drinking water is unsafe, noting the county has filtration systems in place and that signing the agreement is a way to “go after” available settlement funds even if contamination levels are low.

The resolution passed by unanimous recorded vote, 9 yeas, 0 nays. The county will proceed with its retained firms to investigate potential PFAS claims and to opt into relevant settlement processes where appropriate.