Troy girds for possible PFAS lawsuits by hiring major NYC law firm
By Charles Bolinger
Editor • As a pre-emptive move, the Troy City Council approved a retainer agreement with Napoli Shkolnik (skol-nik), a large New York City law firm that deals with complex litigation and class-action lawsuits.
Per the resolution passed at the May 4 city council meeting, the retainer agreement approved will allow the firm to prosecute any and all multi-district litigation (MDL) and comprehensive environmental response, compensation and liability act (CERCLA) claims and/or causes of actions on behalf of the city against any and all responsible/liable hazardous water contaminators for damages related to per- and polyfluoroalkyl substances (PFAS) contamination of Troy’s water supply and wastewater.
“The law firm is pre-emptive in case PFAS shows up in our water,” said City Administrator Jay Keeven. “There is no cost to the city to retain them, so we want to make sure if there is a concern, we have representation.”
Public Works Director Rob Hancock said he found the firm while he was attending a previous conference, he said. He requested information from them and brought it back to Troy and afterward, he recommended using them. There is at least one other New York City-based firm that specializes in this type of complex litigation and class-action lawsuits, MotleyRice, but according to Hancock, Troy officials reached out but the firm is not currently accepting new clients.
Councilman Troy Turner, who is also Collinsville’s public works director, said Napoli Shkolnik does not represent the City of Collinsville, which has tested positive for PFAS. The City of Troy has tested negative for the so-called “forever chemicals” but both municipalities and others draw water from the same aquifer, the American Bottoms Aquifer.
Municipalities that may have or have PFAS contaminants are filing suit against companies like 3M, DuPont and others. PFAS chemicals do not break down easily, accumulating in the environment and human blood. Exposure is linked to health issues, including cancer, immune system damage and metabolic changes.
“We have tested per the EPA requirements and we have no detects,” Hancock told a resident who was concerned about possible contamination. “PFAS is prevalent in the water in our area, so we’re trying to get ahead of it.”
Per the retainer agreement, Napoli will be paid 25% or other sum approved by a court, whichever is lower, of the sum recovered, whether by suit, settlement or otherwise. Troy will not be liable to pay Napoli for any legal fee if there is no form of recovery.
In other action, the city council approved two other resolutions, one for authorizing the city administrator to execute an agreement with King Engineering for a sanitary sewer evaluation and the other was to authorize the city administrator to direct First Collinsville Bank to issue an irrevocable letter of credit to Ameren Illinois for placement of license plate reader cameras on Ameren utility poles. A third item, authorizing the mayor to execute a master service agreement with DROP Collaborative to assist the city in its PFAS efforts, was tabled until the next city council meeting.
Councilwomen Elizabeth Hellrung and Heather Stirling were absent. The next city council meeting is May 18 at 6:30 p.m. in Troy City Hall, 116 E. Market St.
