Legal Counsel Services - PFAS

The State of Wisconsin Department of Administration (DOA) has issued a Request for Qualifications (RFQ) seeking legal counsel services for investigating and potentially litigating against parties involved in the manufacture, processing, testing, distribution, use, or disposal of per- and polyfluoroalkyl substances (PFAS). The procurement targets law firms capable of pursuing nuisance, tort, and common-law claims related to approximately 50 contaminated sites across Wisconsin, with specific focus on environmental and public health impacts including PFAS detection in municipal and private wells, surface waters, fish, and wildlife. Respondents must demonstrate extensive experience in civil environmental claims, manufacturer liability litigation, PFAS-specific legal knowledge, and complex civil litigation at trial and appellate levels. The RFQ follows a two-step process with initial qualifications due by February 19, 2021, followed by potential oral interviews on February 22, 2021, and binding bids due by March 12, 2021. The contract will be administered by the Wisconsin Department of Justice, with the selected firm operating on a contingency fee basis and advancing all litigation costs, expenses, and expert witness fees.

The RFQ explicitly encourages participation from minority-owned and disabled veteran-owned law firms, providing opportunities for diverse legal representation. The contingency fee structure is governed by Wisconsin Statute section 20.9305(2)(c), with fees ranging from 25 percent for recoveries under $10 million to 5 percent for recoveries exceeding $25 million, and an aggregate fee cap of $30 million. The selected firm must maintain professional liability insurance and comply with conflict-of-interest certifications and Wisconsin's Rules of Professional Conduct. The Attorney General retains final decision-making authority over all litigation aspects, including case strategy, expert selection, settlement approval, and appeal decisions. While no specific budget range is detailed, the potential financial recovery could be substantial given the scope of PFAS contamination across nearly 50 sites and the potential for comprehensive environmental and public health claims. The contract term extends from execution through the conclusion of all litigation and potential appeals, with possible extension upon thirty days' written notice.