CITY OF POMONA
COUNCIL REPORT
December 18, 2023
To: Honorable Mayor and Members of the City Council
From: Anita Gutierrez, Acting City Manager
Submitted By: Chris Diggs, Water Resources Director
SUBJECT: APPROVE ENTERING INTO AN AGREEMENT WITH SL ENVIRONMENTAL LAW GROUP, P.C.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
Approve entering into an agreement with SL Environmental Law Group, P.C. to represent the City in the Aqueous Film Forming Foams Products Liability case; and Authorize the City Manager, or designee, to execute the agreement on behalf of the City and any subsequent documents or amendments, subject to approval as to form by the City Attorney.
EXECUTIVE SUMMARY:
The recommended action will approve an agreement with SL Environmental Law Group, P.C. (SL Environmental) to litigate on behalf of the City in the Aqueous Film Forming Foams Products Liability case.
FISCAL IMPACT:
No Fiscal Impact at this time. This case is being handled on a “contingency fee” basis where the City does not pay attorney fees upfront, but rather SL Environmental will only be paid when there is a recovery of damages from the Defendant.
DISCUSSION:
The City has tested its water raw sources and determined the presence of aqueous film forming foams products. These chemicals are the subject of a class action lawsuit, as they are known to be hazardous. To assist the City in funding the removal of these chemicals, staff is seeking approval of an agreement with SL Environmental to represent the City. SL Environmental is an experienced and specialized legal firm in environmental litigation. The recommended action would allow SL Environmental to represent the City in the aqueous film forming foams products liability litigation, MDL No. 2:18 mn 2873 RMG case. If approved, staff will work with the City Attorney in drafting an appropriate agreement.
Prepared by:
Damian Martinez
Senior Management Analyst
Approve agreement with SL Environmental Law Group, P.C.