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Kasson council authorizes staff to pursue possible PFAS claim, firm would fund baseline testing for contingency fee
Summary
The Kasson City Council voted to direct staff to pursue a potential PFAS contamination claim and to explore hiring outside counsel that would pay for baseline water testing in exchange for a one‑third contingency fee; staff will return with more information by January.
Kasson City Council voted to give staff authority to pursue a potential claim related to PFAS contamination and to explore hiring outside counsel to help file claims and seek reimbursements for testing costs.
The city attorney told the council Kasson is currently included in multi‑district PFAS litigation because it did not opt out. The attorney said the contacting firm, Frederickson and Byron working with national environmental litigators, offered to pay for baseline water testing up front and would take a one‑third contingency of any recovery. "They would pay for the testing," the city attorney said. "It's a contingency fee. It's one‑third." The attorney said there is a January 1, 2026 deadline to file claims for testing reimbursement and that baseline results could allow the city to seek additional compensation through 2030 if PFAS levels rise.
Council members debated possible benefits and risks. One council member described firm‑funded testing as "almost like an insurance" because the firm would cover initial costs if results are low. Another council member said they opposed the move, but did not detail reasons during the vote. The motion to authorize staff to pursue the claim and to allow staff to hire a firm (the contacting firm or another with more favorable terms) was made, seconded and carried with one recorded opposition. The council directed staff to provide more information by January.
The council did not record a detailed vote tally or name the mover and seconder on the public record in the transcript. The city attorney said the law firm would pay testing costs and absorb that expense if a claim for reimbursement was denied, in which case the firm would not seek reimbursement of testing costs from the city. The attorney also noted recovered funds could be used by the city without the legal restrictions that apply to some other settlements.
Staff will return with written details on the proposal, the specific firm engagement terms and any alternatives before the January deadline.
