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McDonough council authorizes participation in national PFAS class action; no upfront cost, attorney says
Summary
Council approved a resolution authorizing the city to join national AFFF/PFAS litigation on a contingency basis; the city attorney said testing would determine exposure and the law firm’s fee would be one‑third of any recovery, with no upfront payment required from the city.
The City Council unanimously authorized the city to participate in national AFFF/PFAS class‑action litigation and to work with outside counsel to test the municipal water system and pursue recovery from manufacturers when warranted.
City attorney (role) explained the proposed arrangement as similar to prior large‑scale environmental class actions: the selected firm would conduct testing, hire experts to isolate likely responsible manufacturers, and seek settlement funds to reimburse impacted governments. "There would be no cost required of the city," the attorney said; fees would be charged on contingency, described as roughly one‑third of any recovery. The attorney named a lead firm being recommended and listed other Georgia local governments participating in similar arrangements.
Council members asked for clarity on potential costs and caps. The attorney said the fee model is contingent on recovery: if testing reveals no PFAS compounds or no viable recovery, there would be no payout. Distribution of any recovery would be proportionate to system size and impact; the attorney said formulas used in other settlements consider population and system capacity.
The council voted 7–0 to authorize the city to enter the agreement and proceed with testing and litigation under the contingency terms presented. The resolution directs the city attorney and administration to finalize the engagement documents and proceed with any necessary sampling and legal steps.
Next steps: staff will execute the engagement documents with the selected counsel, coordinate required water testing, and return to council if substantive changes to the proposed contingency arrangement are required.
