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Alpena County agrees to join PFAS litigation on contingency basis
Summary
County commissioners approved joining a statewide PFAS class-action on a contingency-fee basis with outside counsel who previously worked on county opioid litigation; counsel would be paid from any recovery.
Alpena County agreed to join a contingent-fee lawsuit seeking damages related to PFAS contamination and authorized staff to sign the relevant engagement documents with the attorneys who approached the county.
Jesse, county staff, told commissioners the firm that approached Alpena County had also represented the county in opioid litigation. "This is a no risk lawsuit," Jesse said, adding the firm would take a percentage of any recovery rather than require upfront fees.
Jesse said he understood the attorneys would take a contingent percentage (he said he believed it to be 25%) of any settlement or recovery. He said the funds the county would receive from any recovery could be used for PFAS-related responses and projects; examples discussed included running service lines to affected households or supporting water utility work at county properties, including airport property.
A motion to authorize entry into the PFAS litigation and to sign the related engagement documents passed without further amendment during the meeting. Commissioners did not set restrictions on how recovered funds would be used beyond the general statement from counsel that the funds could be applied to PFAS matters.
The committee did not discuss specific defendants, claim details, or litigation timelines at the meeting.
