In a unanimous vote at its Oct. 15 meeting, the Fernley City Council authorized the SL
Environmental Law Group to represent the city in legal claims against chemical manufacturers
3M and DuPont. The move is part of an effort to secure funds from multi-billion-dollar class
action settlements related to so-called “forever chemicals,” formally known as PFAS, found in
the city’s water supply.
The representation aims to recover damages from the settlements, which ranged from $10.3
billion to $12.5 billion from 3M and $1.185 billion from DuPont, and use the funds to remediate
PFAS contamination in Fernley’s drinking water.
When asked how much a city the size of Fernley might realize in a damage award, Ken Sansone,
senior partner with the SL Environmental Law Group, said it would depend on the level of
contaminants detected
“A community this size and with these kinds of impacts, I would expect a seven-figure
recovery,” he said.
Councilman Joe Mendoza raised concerns about residents who rely on private wells and asked
whether any settlement funds could benefit them. Sansone clarified that his firm does not handle
individual claims but offered to connect well owners with co-counsel firms that do.
“They would be entitled to make their own claims against these manufacturers,” he said.
Mendoza expressed interest in sharing that information with residents, and Sansone agreed to
assist.
But time is of the essence in filing claims, Sansone said, noting that claims must be filed by
January 2026, a “water systems claim form” must be filed by June 30, 2026, and a “special needs
claim form” must be filed by August 1, 2026.
Sansone said the city will incur no upfront legal costs. Rather, the SL Environmental Group will
represent the city on a contingency basis and would claim 25 percent of any damages awarded to
the city.
Councilman Ryan Hanan was concerned about the public reaction when it hears the city council
is discussing forever chemicals in their drinking water. Sansone reassured the council that every
city in the country has this problem and the federal government has yet to set a minimum
standard for these chemicals in drinking water.
However, a minimum threshold of four parts per trillion (PPT) will likely be imposed by the
Environmental Protection Agency in 2032. There is no compliance issue today, Sansone said,
“but there will be in the future unless some action is taken.”
Seong Kim, the city’s utilities director, said PFAs at two well locations in Fernley exceeded the 4
PPT standard in recent testing, and the Truckee River, from which the city plans on taking
surface water in the future via the Truckee Canal, has tested at 5.7 PPT. Finding PFAs in
Fernley’s water “makes us eligible to file a claim,” he said.
These chemicals were created due to their heat and stain resistance, and were widely used in
consumer products including cookware, disposable plates, feminine hygiene products, dental
floss, carpets and upholstery. Manufacturers concealed the harmful health effects of PFAs for
many years, which is why such high settlements were awarded in class action lawsuits, Sansone
said.
Unlike grants, PFA settlement funds are unrestricted and can be used for PFA mitigation costs,
other capital projects, offsetting water rate increases or supporting the city’s general fund budget,
according to a staff report.
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