title
RESOLUTION AUTHORIZING INVESTIGATION INTO POTENTIAL PFAS CONTAMINATION IN PASSAIC COUNTY AND THE INITIATION OF LITIGATION AGAINST RESPONSIBLE PARTIES IN THE EVENT THE COUNTY IS DETERMINED TO HAVE ANY VIABLE CLAIMS, AND QUALIFYING AND RETAINING KEEFE LAW FIRM TO PROVIDE OUTSIDE LEGAL SERVICES RELATED TO SAME, PURSUANT TO N.J.S.A. 40A:11-5, ET SEQ.
body
WHEREAS, the County of Passaic (“County”) is a body politic and corporate pursuant to N.J.S.A. 40:18-1 and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1, the Board of County Commissioners of the County of Passaic (“Board”) is vested with managing the property, finances, and affairs of the County; and
WHEREAS, perfluoroalkyl and polyfluoroalkyl substances (“PFAS”) are large class of thousands of man-made chemicals that are widely used in industrial processes as well as many consumer products, including cookware, food packaging, textiles, and cosmetics; and
WHEREAS, PFAS components break down very slowly over time, which has led to widespread PFAS contamination of public drinking water supplies, groundwater, soil, air, and food; and
WHEREAS, research has associated PFAS exposure with multiple types of cancer, liver damage, reproductive issues, suppressed vaccine response, childhood developmental delays, and other health challenges; and
WHEREAS, the County is interested in investigating whether it may have viable claims against manufacturers of PFAS and/or other responsible parties due to the levels of PFAS contamination in the County; and
WHEREAS, the Passaic County Counsel is recommending to qualify and retain Keefe Law Firm to investigate potential claims that the County may have with respect to PFAS contamination within the County, and to initiate the litigation on behalf of the County against the responsible parties in the event the County is determined to have any such viable claims; and
WHEREAS, Keefe Law Firm will handle the above-described matter on a contingency fee basis, with no upfront costs or financial risks to the County; and
WHEREAS, Keefe Law Firm will be entitled to retain thirty-three and one-third percent (33.3%) of any monetary settlement or recovery obtained on behalf of the County, as well as reimbursement from the County’s share of such settlement or recovery for any associated costs and expenses (such as filing fees), and the County will not be responsible for paying any other money to Keefe Law Firm; and
WHEREAS, Keefe Law Firm executed and notarized the County’s Business Entity Disclosure Certification for non-fair and open contracts required pursuant to N.J.S.A. 19:44A-20.8, which is attached hereto and made part of this Resolution; and
WHEREAS, pursuant to N.J.S.A. 52:32-60.1, et seq., Keefe Law Firm executed the Non-Involvement in Prohibited Activities in Russia or Belarus Certification, attached hereto and made part of this Resolution, certifying the law firm is not involved in prohibited activities in Russia and Belarus, and the County confirmed that Keefe Law Firm is not identified on the Specially Designated Nationals and Blocked Persons list created by the Office of Foreign Assets Control; and
WHEREAS, this matter was presented to the Administration and Finance Committee meeting, and is being recommended to the Board for approval.
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40A:11-5(1)(a)(i), the Board of County Commissioners of the County of Passaic qualifies and retains Keefe Law Firm to investigate potential claims that the County may have with respect to PFAS contamination within the County, and to initiate the litigation on behalf of the County against the responsible parties in the event the County is determined to have any such viable claims.
LET IT BE FURTHER RESOLVED, that the Clerk of the Board shall print, in the official newspaper, a brief notice stating the nature, duration, service, and amount of the contract awarded to Keefe Law Firm and maintain a copy of this Resolution on file and available for public inspection in the Office of the Clerk to the Board.
LET IT BE FURTHER RESOLVED, that the Clerk of the Board, County Counsel, and Director of the Board are authorized to take any action necessary to carry out the purpose of this Resolution.
NB January 27, 2026