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File #: 15222   
Type: Agenda Item Status: Agenda Ready
File created: 12/18/2024 In control: Board of County Commissioners
On agenda: 1/14/2025 Final action:
Enactment date: Enactment #:
Title: Request by County Attorney's Office to Retain Outside Legal Counsel With Levin Team for Potential Per and Polyfluoroalkyl a/k/a PFAS Related Litigation Including Approval of Contingent Fee Agreement
Attachments: 1. Draft Hernando County, Florida Legal Services Agreement, 2. LP PFAS Litigation Brochure, 3. Approved Request by County Attorney’s Office to Retain Outside Legal Counsel With Levin Team for PFAS Related Litigation Including Approval of Contingent Fee Agreement
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Request by County Attorney's Office to Retain Outside Legal Counsel With Levin Team for Potential Per and Polyfluoroalkyl a/k/a PFAS Related Litigation Including Approval of Contingent Fee Agreement

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BRIEF OVERVIEW
Background

Recent testing has discovered per- and polyfluoroalkyl substances ("PFAS") within Hernando County. PFAS are a group of man-made chemicals that were used for decades in industrial and household products, such as stain and water-repellant apparel and fabrics, food packaging, cleaning products, non-stick cookware, and Aqueous Film Forming Foam ("AFFF") used to extinguish fires. Because PFAS accumulate over time, do not break down easily, remain in and move through the environment for decades, and have been linked to certain health impacts, such as cancer and birth defects, many utilities, state attorneys general, and local governments across the United States have brought litigation against the manufacturers of PFAS and other possible culpable parties to recover damages as well as the costs associated with remediation and water
treatment to rid their communities of these chemicals.

The County Attorney's Office has evaluated the viability of legal claims against PFAS manufacturers and other culpable parties, and now recommends that the County should engage in litigation to recover costs and other damages associated with the existence of PFAS within the County.

The County Attorney's Office recommends that the Board retain the Levin Team as outside counsel for the PFAS litigation. The Levin Team consists of five firms: Levin Papantonio Thomas Mitchell Rafferty & Proctor, P.A.; Taft Stettinius & Hollister LLP; Douglas & London, P.C.; Law Office of Kevin Madonna, PLLC; and SL Environmental Law Group PC.

As the Board is aware, the Levin Team has been successfully representing Hernando County in the ongoing opioid litigation.

The Levin Team provides the County with the unique combination of: an impressive history and experien...

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