Utica council votes to join potential PFAS litigation under contingent-fee agreement

The Utica City Council on May 20 authorized the mayor to sign a contingency-fee agreement to participate in a multi-jurisdictional class action examining potential PFAS contamination in municipal systems.

City attorney Ms. McGrail told the council that, to date, no PFAS has been found in Utica’s systems but that the class-action process includes provisions for additional testing and potential recovery of remediation costs. She said the deadline to join the litigation was imminent and the arrangement proposed is contingent: the plaintiffs’ attorney would be paid only from any money recovered on the city’s behalf.

"The plaintiff's attorney does not get paid unless he earns something for the city," Ms. McGrail said.

Council members moved and approved the request by roll call, with the mayor authorized to execute the fee agreement with the named plaintiffs’ firm. The motion carried on a recorded roll call vote with one member absent.

Why it matters: PFAS (per- and polyfluoroalkyl substances) are an emerging water-quality and public-health concern; membership in litigation can secure funding for testing and, if liability is established, remediation costs, but it does not guarantee any recovery. The city noted the engagement would not impose up-front legal fees on the municipal budget because the agreement is contingent on a future recovery.

Next steps: The mayor is authorized to sign the contingency agreement and staff indicated additional testing could occur if the litigation proceeds. The council recorded the authorization during the May 20 meeting and did not commit city funds beyond the contingency terms.