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Atchison commission authorizes legal-services contract to evaluate PFAS settlement claims
Summary
The commission approved Resolution 34-43 authorizing a contingency legal-services agreement to test source water for PFAS and pursue possible settlement recoveries from national corporate PFAS settlements. Staff said testing would be at the intake and any recovery would be subject to a contingency fee.
The Atchison City Commission voted to authorize the city manager to execute a legal-services agreement with Stagg Liuzza LLC to investigate PFAS (polyfluoroalkyl substances) in the city’s source water and to pursue potential settlements. Staff told commissioners the national settlements total more than $13,000,000,000 and that the law firm would be paid on contingency rather than from the city’s operating budget.
“Mister Westhoff said the firm will arrange source-water testing at the river intake and, if levels meet the settlement parameters, would advise the city on next steps,” said the mayor during discussion. Westhoff told the commission the firm’s fee was discussed as a contingency (discussed in the meeting as roughly 30%–33% of recoveries) and that the city would not pay the firm up front.
Why it matters: staff said the city’s finished water — the treated supply delivered to customers — has consistently tested low for PFAS, but settlements may provide indemnification if source-water testing shows elevated levels. Commissioners asked for clarification on testing locations and fee structure before voting; the motion carried with all commissioners saying ‘aye.’ The resolution authorizes staff to proceed with testing and to enter the contingency-fee contract pending the execution of the agreement.
