Wastewater Contamination Lawsuit: Choosing Your Legal Representation

*Editor’s note: This post was originally published on August 28, 2023, and was updated on September 15, 2025 to reflect recent developments in wastewater litigation.

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The use and manufacture of per- and polyfluoroalkyl substances (PFAS) over the past half century have led to extensive contamination of not only drinking water sources but also wastewater. In several states, municipalities and utilities that have detected PFAS in their wastewater and/or biosolids are facing new financial challenges related to the significant costs of monitoring and managing these contaminants. Those in states that have not begun regulating PFAS in wastewater or biosolids may still face challenges in the form of public scrutiny and even potential liability. As a possible source of supplemental funding to build resilience to these risks, many wastewater utilities are turning to litigation as an option to hold PFAS manufacturers accountable.

Many U.S. public drinking water and wastewater systems, airports, and businesses have already filed lawsuits as part of the ongoing Aqueous Film-Forming Foam multi-district litigation (AFFF MDL) against PFAS manufacturers. In summer 2025, these efforts paid off for hundreds of public drinking water providers when they began receiving their first payments from the historic 3M and DuPont PFAS drinking water settlements – the largest of their kind in U.S. history. Meanwhile, claims over wastewater contamination continue to be filed and litigated as part of the AFFF MDL and are expected to be resolved by future settlements or, if necessary, trials. There is still time to file claims over PFAS contamination in wastewater, and systems interested in exploring their options should consult legal counsel to avoid missing potential opportunities or prejudicing their legal rights.  

When considering litigation, the first step is securing the right legal team to seek the best outcome. To make this important decision, municipal and utility leaders may consider a firm’s degree of experience with similar cases, testimonials from current and past clients, and whether a firm dedicates individual attention to each unique case.

Key Considerations for Choosing a Water Contamination Litigation Firm

Experience in Water Contamination Cases

Municipalities and wastewater utilities considering PFAS litigation may benefit from selecting a law firm with experience representing public agencies in contamination cases. A firm that focuses on this area of law will know how to navigate the complex process unique to water and wastewater contamination litigation. From the initial filing, through careful preparation, to fighting for the appropriate compensation, it is important to work with a law firm who has experience with every step. This greatly diminishes the amount of work on the client end and increases the chances of the best possible outcome.

Law firms that focus specifically on contamination litigation for utilities typically also have a greater breadth of knowledge of the water and wastewater industries, which means they better understand the challenges their clients face. Such firms have closely monitored the evolution of regulations for emerging contaminants including PFAS, and understand the nuances of state and federal requirements and timelines. By staying up to date with the latest regulatory developments, firms can anticipate how these changes may affect their clients’ funding needs.  

Law firms that regularly handle water contamination cases may also have more in-depth information on the latest developments in similar cases, which can be helpful to assess and determine the best course of action for water and wastewater systems.

Track Record and Success Rate

While past performance cannot guarantee a positive outcome in future cases, potential clients may wish to identify a firm with many years of experience successfully resolving cases for water and wastewater systems. This can be done by researching the firm's history of verdicts, settlements, and compensation amounts won in past cases.

It may also be helpful to learn whether a firm has experience taking water contamination cases to trial. A firm that is not afraid to fight legal battles against large corporations in the courtroom shows dedication to seeking the highest possible compensation for clients.  Some firms have a strong track record of cases won both in the courtroom and through settlements, securing favorable outcomes for their clients by whatever path is necessary.

Client Testimonials and Reviews

Client testimonials and reviews are invaluable resources for evaluating the reputation and credibility of a law firm. Learning about the experiences of previous clients who have filed similar lawsuits can provide helpful insights into a firm’s client satisfaction.

Wastewater systems seeking representation can request references from firms they are evaluating. By speaking with past clients, they can learn more about their experience. For example, thanks to their extensive experience with water contamination, some firms significantly reduce the amount of work required for clients during the investigation, filing, and discovery process. This relieves the pressure on clients, allowing them to focus on the pressing needs of their systems and communities.

Some questions water and wastewater systems may ask previous clients while evaluating potential law firms include:

• Does the law firm have in-house environmental contamination expertise?

• Does the firm have experience taking water contamination cases to trial?

• Was the firm responsive to client questions and concerns?

• Did the firm take responsibility for each step of the legal process, or did the client have to dedicate a significant amount of time to managing the lawyers?

Consulting past clients about their experiences with a law firm can provide helpful information about the level of service provided.

Personalized Attention and Case Management

When navigating the complex legal process, each client should be able to depend on personalized attention for their unique case. A competent legal team will take the time to understand the specific circumstances surrounding each client’s contamination issues. Legal counsel should also help guide clients through every step of the journey, from exploring options and filing lawsuits, to continuing the fight to seek a positive outcome for clients. This attention to detail helps to protect clients’ interests and achieve desirable results. When a law firm is knowledgeable and dedicated, busy clients can count on them to handle their cases, support them through the legal process, and answer any questions they may have.

Choosing the Right Law Firm

Selecting the right law firm is one of the most critical decisions public agencies must make when pursuing legal action. Municipalities and utilities have a choice in legal representation, and their communities count on them to choose a firm with the experience and dedication to seek the best possible outcome. To learn more about funding options for your municipality or utility, you can schedule a free consultation with the team at SL Environmental Law Group.