Calif. firm to serve Wisconsin in PFAS suit
Attorneys representing similar cases elsewhere
State leaders have chosen a law firm to assist Wisconsin in its investigation and litigation of claims involving “forever chemicals.”
Gov. Tony Evers and Attorney General Josh Kaul announced Wednesday they hired the firm Sher Edling LLP, after a competitive bidding process, overseen by the Department of Administration. A total of 11 firms applied for the position and Sher Edling submitted the lowest bid, according to a statement from the Department of Justice.
The law firm is based in San Francisco, California and specializes in “highimpact, high-value environmental cases,” according to its website.
Hiring the firm was a step forward in Evers’ plan to hold accountable the producers of PFAS, or per- and poly fluoroalkyl substances. He argues that the producers knowingly produced the chemicals, that have harmed Wisconsin residents while polluting waterways and impacting wildlife as well.
“Every Wisconsinite — whether they live in the Driftless, the Central Sands, the Northwoods, or in the heart of our urban areas — should be able to trust the water from their tap. Period,” said Evers. “But for far too many Wisconsin households that is not the case, and I am glad we are moving forward to hold polluters accountable so we can clean up our water and protect the health and safety of our communities.”
Sher Edling represents other state and local governments in significant environmental cases across the country, including several public entities currently pursuing cases related to PFAS contaminations.
“Clean water is essential to our health and well-being and to a thriving economy. We must protect it from PFAS and other contaminants that put people’s health at risk,” said Kaul. “The addition of outside counsel will enhance our ability to get accountability from those who are responsible for the severe harms that PFAS contamination has caused in Wisconsin.”
Evers announced the search for a firm to represent the state in PFAS cases in January, following on the heels of the discovery of the contamination on a small island across the Black River from La Crosse and Onalaska.
Several other states — including Michigan, Ohio, New Hampshire and Vermont — have already pursued litigation against corporations responsible for PFAS contamination. The funds leveraged from the litigation can then be used to support affected communities.
PFAS, or per- and poly fluoroalkyl substances, are a family of man-made chemicals used for their water- and stain-resistant qualities in products such as clothing and carpet, nonstick cookware, packaging and firefighting foam. The family includes 5,000 compounds, which are persistent, remaining both in the environment and human body over time.
PFAS have been linked to types of kidney and testicular cancers, lower birth weights, harm to immune and reproductive systems, and altered hormone regulation and thyroid hormones.
The DNR is currently monitoring over 50 contamination sites throughout the state, including contaminations in Milwaukee, Madison and Eau Claire. The worst PFAS contamination in the state is in Marinette and Peshtigo, where Tyco Fire Products tested firefighting foam for years outdoors before the practice was ended in 2017.
The contamination in Marinette requires remediation and that drinking water be delivered to homeowners who can no longer safely consume the water from their wells.