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DeLand hires national plaintiffs’ firm to pursue PFAS claims; work on testing and claims to proceed on contingency
Summary
The commission approved retention of a plaintiffs’ law firm already serving on the national plaintiffs’ executive committee to assist DeLand with PFAS testing, well-level claims and participation in nationwide settlements. The firm’s work will be contingency-based: no recovery, no fee.
The City Commission voted to retain a plaintiffs’ law firm experienced in PFAS toxic-tort litigation to help the city document contamination, submit claims and pursue recovery tied to PFAS releases.
City counsel introduced James Farraro, a plaintiffs’ attorney whose firm is on the plaintiffs’ executive committee in national PFAS litigation. Farraro told the commission his firm represents multiple public water systems in Florida and Georgia and has been active in PFAS MDL (multi-district litigation) matters since 2018. He described PFAS as a class of persistent chemicals, most prominently problematic when released from firefighting AFFF (aqueous film-forming foam) used at airports, fire-training facilities and military installations.
The firm’s proposed scope includes assisting the city’s utilities staff with additional well-level testing, compiling data needed for claims under nationwide settlements and evaluating possible soil-contamination claims. Farraro said some major manufacturers (3M and DuPont) reached multi-phase national settlements and that the U.S. Environmental Protection Agency’s drinking-water regulation for certain PFAS compounds — finalized in April 2024 — sets compliance obligations that water systems must address in coming years.
Key points recorded at the meeting: - Retention is contingency-based. The city will not pay attorneys’ fees if there is no recovery; the firm will seek compensation from settlement proceeds if recovery occurs. - The firm is already part of the lead plaintiffs’ committee and can assist with claims filing and required testing protocols. Farraro said many jurisdictions will need well-level testing to qualify under settlement phases and for action funds intended to address remediation and treatment needs. - Farraro and city staff indicated the utility department has already been testing for PFAS; firm involvement would layer an additional testing and claims-preparation effort.
The commission approved the contract to retain the firm by voice vote following a motion (moved by Vice Mayor Jessica Davis; seconded by Commissioner Kevin Reed). All commissioners voted in favor.
Ending: City staff said the utility department will coordinate testing and data collection with the law firm. The retention is intended to position the city to recover funds for required testing, treatment upgrades or soil remediation should settlements or other recoveries be available.
