Paulding County considers hiring contingency counsel to pursue PFAS manufacturers tied to landfills

Paulding County commissioners on April 12 discussed an attorney engagement agreement that would retain Arnold & Itkin LLP and associated environmental experts on a contingency-fee basis to pursue litigation against manufacturers of PFAS chemicals detected in landfills.

Jason (county attorney) told the board that PFAS — often called "forever chemicals" and including variants such as PFOS — have been detected in landfills across the state and that the federal government is likely to require local governments to take mitigation steps to prevent PFAS from leaving landfill sites via groundwater or other pathways. "We anticipate that in the years to come, the federal government is going to require that counties and cities take all mitigation steps necessary to make sure that no PFAS are leaving the landfill," Jason said.

The proposed agreement would engage national attorneys and environmental consultants on a contingency basis so the county could pursue potential claims against manufacturers without immediate legal fees, Jason said. The stated goal is to hold manufacturers accountable and avoid leaving remediation costs to county taxpayers.

Jason invited questions and said staff would be available to expand on the proposal. The public transcript does not record a final, public vote on the engagement agreement at this meeting.

If commissioners approve the engagement, the county would pursue outside counsel and experts to evaluate potential claims and to begin litigation or settlement negotiations as appropriate.

Because PFAS litigation can involve scientific monitoring, long timelines and state and federal regulatory questions, additional technical work and legal review would likely follow any authorization to proceed.