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Benton City authorizes mayor to pursue PFAS litigation to preserve settlement options
Summary
Council voted to authorize the mayor to take steps to pursue PFAS litigation on behalf of Benton City, with staff counsel saying a separate suit may be necessary to preserve the city’s right to settlement proceeds and avoid statute‑of‑limitations problems.
Benton City council on May 5 approved a motion authorizing the mayor to take all necessary steps to pursue PFAS litigation on the city’s behalf.
A presenter identified as counsel explained that, to preserve the city’s ability to obtain settlement proceeds and to avoid potential statute‑of‑limitations issues, the city should consider filing its own lawsuit against parties that have not settled in the larger multi‑district PFAS litigation. "If any of those parties were to settle and the city did not have its own lawsuit filed, the city might lose its ability to obtain any settlement proceeds from that settlement," the presenter said, urging prompt action to avoid losing rights.
Council moved the authorization and, after brief discussion and a call for the question, the motion was approved. The transcript records the motion, a second, and the chair’s declaration that the motion was approved; a roll‑call tally was not included in the recorded excerpt.
The council then recessed to executive session and reconvened briefly to adjourn.
