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County hears presentation on PFAS/AFFF litigation and contingency counsel offer
Summary
Baron & Budd attorneys told the Winnebago County Board that historic use of AFFF at Whitman Airport and other county sites could justify joining PFAS litigation; the firm proposes a contingency contract that fronts testing costs and takes up to 25% if there is recovery.
Jason Julius, a shareholder with the firm Baron & Budd, told the Winnebago County Board on Jan. 1 that the county could pursue cost-recovery claims for PFAS contamination tied to aqueous film-forming foam (AFFF) used at airports and other sites.
Julius said the litigation is currently centralized in a multidistrict litigation (MDL) in South Carolina and noted a prior settlement in drinking-water claims that totaled about $12–12.5 billion. He recommended that the county retain counsel to join the MDL for property- and soil-related claims, saying the firm would front investigation and testing costs on contingency and “there are no costs, no out of pocket expenses for Winnebago County unless there is a recovery.”
Why it matters: County officials pressed counsel on immediate risks, potential cleanup liabilities, and how much investigative work the county would need to do. If sampling shows PFAS in…
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