Sitka Assembly set to authorize contingency-fee lawsuit over microplastics, PFAS, and 1,4-dioxane

Sitka could authorize a contingency-fee civil lawsuit targeting three water contaminants, a legal move that would cost the borough nothing upfront but could yield a share of any settlement or judgment.

The Sitka Assembly meets Tuesday, July 14, at 6 p.m. in Assembly Chambers to consider a resolution that would authorize Municipal Administrator John Leach to execute a contract with David Grossman & Associates PLLC to pursue civil claims over microplastics including tobacco product waste, PFAS, and 1,4-dioxane. Municipal Attorney Rachel Jones is listed among the staff who would support the action. The resolution is listed for a first and final reading, meaning the Assembly could adopt it in a single meeting if it chooses to act.

The contingency structure means the outside firm absorbs the cost of litigation unless the city recovers money. If Sitka wins or settles, the firm would receive a share of the recovery under the contract terms.

Sitka's coastal and marine environment gives the borough a direct stake in water-quality claims. Commercial and subsistence fishing depend on clean nearshore waters, and contamination from persistent chemicals or plastic waste can affect both harvests and confidence in local seafood.

The Contaminants

The three contaminants carry distinct regulatory histories. PFAS, a class of synthetic chemicals that resist breakdown, has driven major litigation nationally, with water utilities and municipalities seeking to shift cleanup costs to manufacturers. Courts have also weighed how far regulators can push limits on 1,4-dioxane, a solvent byproduct that can create substantial treatment costs for public water systems.

Municipalities across the country have increasingly turned to environmental litigation to recover contamination costs rather than pass them to ratepayers. Sitka's proposed action fits that pattern, though the borough's small size and coastal setting make it a less common plaintiff in this kind of multi-contaminant civil claim.