BERLIN – The town will remain in a class action lawsuit tied to toxic chemicals in water systems.
The Berlin Town Council voted 4-0 this week to approve an agreement with Nachawati Law Group for representation in a class action lawsuit related to PFAS, per- and polyfluorinated alkyl substances, which are commonly called forever chemicals.
“The town, since it has a water system, is a part of that class action lawsuit,” said Dave Gaskill, the town attorney. “We’ve been approached by Nachawati Law Group who is part of plaintiffs counsel in the lawsuit against 3M and Dupont.”
Following a closed session meeting regarding the PFAS lawsuit, the council was presented Monday with an agreement for legal representation by Nachawati Law Group.
“I think it’s important to note this is not anything the town has done,” Mayor Zack Tyndall said. “This is a result of outside factors. It’s also important to note it’s not limited to the Town of Berlin and it is in fact affecting municipalities, cities, counties across the country.”
He said the town currently tested for PFAS regularly. Jamey Latchum, the town’s water resources director, said water changed daily so tests were done daily. A regular report provided to the public shows the results of those water tests. He said it was available online, at the library and was printed in the newspapers.
Gaskill said that the town because it had a water system and was involved in the class action had been approached by Nachawati Law Group. He said if the council wanted to retain the law firm’s services it had to approve an agreement with the company.
“I’ve gone through it several times,” Gaskill said. “It’s a standard contingency fee arrangement, similar to what we had in the opioid lawsuit. I don’t see a problem with it.”
The council voted 4-0, with Councilman Jay Knerr absent, to approve the agreement.
According to the Environmental Protection Association (EPA), PFAS are widely used, long lasting chemicals whose components break down very slowly. There are thousands of PFAS chemicals found in an array of products. The forever chemicals have been linked to a variety of health concerns, including reproductive issues, development effects, increased risk of cancer and increased cholesterol levels, among other things. Earlier this year 3M reached a $10.3 billion settlement related to PFAS contamination in public water systems. The goal of the settlement is to help communities pay for cleanup and to help them meet new regulatory standards for PFAS contamination levels.
