The Hastings City Council voted Monday, Aug. 17, to move forward with environmental litigation related to PFAS contamination, advancing a legal strategy the city has discussed over several meetings this year.
The council unanimously authorized Pawa Law Group to initiate the litigation on behalf of the city. It also approved the firm’s request to engage Lockridge Grindal Nauen PLLP as local counsel.
City Administrator Dan Wietecha said the council had met with Pawa Law Group during an Aug. 3 workshop to discuss the city’s legal strategy.
“My recommendation is to authorize Pawa Law Group to initiate environmental litigation at this time,” Wietecha told the council.
Councilmember Lisa Leifeld made the motion to proceed with the litigation, and Councilmember Dawn Marie Vihrachoff provided the second. The motion passed without opposition and with no additional council discussion.
The vote represents the next step in a process that began in April, when the council hired Pawa Law Group to evaluate and potentially pursue environmental claims. According to the council memorandum, the city retained the firm April 20 for potential environmental litigation.
The council has discussed possible litigation as Hastings continues to address PFAS contamination in its municipal water system. PFAS, commonly referred to as “forever chemicals,” have created substantial water treatment and infrastructure costs for the city.
The Aug. 17 action authorizes the attorneys to move beyond reviewing the city’s options and begin the litigation process. City officials did not discuss the potential defendants, specific legal claims or the amount of damages the city may seek during the public portion of the meeting.
Before approving the litigation, the council considered the separate but related matter of hiring local counsel.
Wietecha explained that the city’s contract with Pawa Law Group anticipated that a Minnesota law firm could be brought into the case. Pawa recommended Lockridge Grindal Nauen PLLP for that role.
“Earlier this year, the city hired Pawa Law Group for potential environmental litigation,” Wietecha said. “Our legal services contract anticipates engaging local counsel.”
The council memorandum states that Lockridge Grindal Nauen’s fees will be paid from Pawa Law Group’s share of any financial recovery, meaning the expense would not be separately charged to the city if the litigation is successful.
Wietecha emphasized that the arrangement depends on whether there is a recovery.
“Local counsel’s fees would be paid from Pawa Law Group’s share of recovery, if there is,” he said.
Councilmember Ian Pemble moved to authorize the hiring of Lockridge Grindal Nauen as local counsel. Councilmember Tina Folch Beck seconded the motion, which passed without opposition.
Immediately after that vote, Wietecha presented the recommendation to initiate litigation.
“Carrying forward from that a little bit, City Council met with Pawa Law Group a couple weeks ago on the third to discuss legal strategy regarding potential environmental litigation,” he said.
The city’s memorandum described the attorneys’ fees for the litigation as being handled on a contingent basis. Under that type of agreement, legal fees generally depend on obtaining a recovery rather than being billed entirely through hourly charges. The council document did not provide the contingency percentage or other details of the agreement.
The city’s legal action comes as Hastings continues to plan and construct major improvements intended to remove PFAS from its drinking water. City officials have repeatedly discussed the cost of treatment plants, wells, water mains and other infrastructure needed to meet state and federal drinking water requirements.
Council members have also discussed the financial pressure those projects could place on local water customers. The city has pursued state grants and other outside funding while considering whether litigation could help recover costs connected to the contamination.
No representative of Pawa Law Group or Lockridge Grindal Nauen spoke during the Aug. 17 meeting. The council’s discussion was limited because members had reviewed legal strategy during the earlier workshop.
Meetings involving pending or potential litigation may include confidential attorney-client discussions that are not conducted during the open portion of a council meeting. As a result, the public vote identified the decision to proceed but did not reveal the city’s complete legal strategy.
The council took two distinct actions Aug. 17: approving Minnesota-based local counsel and authorizing Pawa Law Group to initiate the environmental litigation itself.
The council memorandum requested that the city “authorize Pawa Law Group to initiate environmental litigation,” noting that the council had already met with the firm to discuss legal strategy.
Leifeld’s motion followed that recommendation.
“I’d like to make a motion to authorize Pawa Law Group to initiate environmental litigation for the City of Hastings,” she said.
Mayor Mary Fasbender called for the vote after Vihrachoff seconded the motion. All council members present voted in favor.
The city has not announced when the case will be filed, where it will be filed or which companies or other parties will be named. Those details are expected to become public through future court filings or council updates.
For Hastings, the decision adds litigation to a broader response that already includes constructing treatment facilities, replacing infrastructure, seeking government funding and evaluating the long-term effect of PFAS treatment costs on water rates.
The Aug. 17 vote gives the city’s attorneys authority to begin pursuing recovery from parties the city believes may bear legal responsibility for the contamination and its resulting costs.