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Statement of Work

  1. Introduction

    This RFP is to solicit proposals from attorneys and law firms with experience and interest in pursuing constitutional, statutory, tort, or other applicable common law claims against PCB manufacturers for deceiving the public about PCB toxicity that they knew their products would cause, and for the costs the State of Michigan has spent and will continue to spend to address and recover from PCBs in Michigan’s environment and resources.  The Attorney General of the State of Michigan seeks to hold accountable PCB manufacturers that profited from their actions for the damage they have caused and are causing.  This RFP is for representation of the State of Michigan as duly appointed Special Assistant Attorneys General on a contingency fee basis.

     

  2. Background and Purpose.

    The State of Michigan, its departments and agencies, and the State’s businesses, residents, infrastructure, public and private lands, and natural resources suffer from the negative impacts of PCBs. 

    PCBs are persistent organic pollutants that bioaccumulate and biomagnify up the food chain.  PCBs were widely used in industry and manufacturing until the 1979 national ban on the sale of PCBs.  The PCB manufacturers were aware of the negative impacts of the use of PCBs but continued to knowingly engage in business practices and conduct that harmed the public’s health, safety, and welfare and the environment.  The PCB manufacturers also hid information and deceived the public, consumers, and the industry, both in and outside of Michigan, about the dangers of using PCBs in industry and manufacturing. 

    PCBs are present in Michigan’s environment, including the air, water, soil, sediment, and biota, including in fish and game tissue.  Michigan has inherited a significant amount of legacy contamination and has spent considerable time, effort, and funds to address PCB contamination through remediation and removal projects and restoration of damaged natural resources.  The Michigan Department of Natural Resources manages property for the People that is contaminated with PCBs that were manufactured, marketed, distributed, and introduced into commerce by PCB manufacturers.  The State’s Clean Water Act Section 303(d) list, which lists the State’s impaired and threatened waters, identifies over 620 surface waters in the State that are currently impaired due to PCB contamination in the water column, fish tissue, or both.  Michigan has issued PCB-specific consumption advisories for fish and wild game, to the detriment of Michigan’s subsistence and sport fishers and the State itself. 

    The Department of Attorney General (DAG) has long enforced Michigan’s environmental statutes and rules to protect the environment, natural resources, and public health and to require compliance with standards and limits on discharges into our environment.  The regulatory framework alone may not fully account for the damage caused by PCB product use, however, due to, among other things, the concealment of the known true hazards of the use of PCBs by the industry.  Therefore, the State seeks to build on Michigan’s longstanding history of environmental and resource protection to address the PCB injuries and impacts that need to be addressed by retaining Special Assistant Attorneys General (SAAGs) to pursue constitutional, statutory, tort and other applicable common-law claims extending to the deception and other wrongful actions by the PCB manufacturers and to require the parties who profited from manufacturing, marketing, and distributing PCBs to bear the costs of cleanup and restoration in Michigan, rather than the State, taxpayers, or residents of Michigan.

    The work to be performed consists of assisting the DAG in gathering needed information, determining what claims will be brought, drafting the complaints (as appropriate), conducting affirmative and defensive discovery, taking and defending depositions, motion practice, and preparing for and conducting any trials that may proceed.  The DAG, at all times, will direct the litigation in all respects, including but not limited to, whether and when to initiate litigation, against whom actions will be taken, the claims to be brought in said litigation, approval and rejection of all settlement offers, and the amount and type of damages and injunctive relief to be sought.

     

  3. In Scope.

    The scope of work includes providing all necessary personnel, labor, materials, services, equipment, supplies, time, travel, effort, skill, and supervision required to examine, investigate, recommend, and litigate the State’s possible constitutional, statutory, tort and other applicable common law claims against PCB manufacturer defendants including but not limited to producers, transporters, manufacturers, distributors, promoters, marketers, and/or sellers of PCB products.

    SAAGs will be appointed to represent the State in litigation against PCB defendants.  SAAGs will develop and propose a litigation strategy to the Attorney General or her designees, including:

    • Identifying viable claims and causes of action against PCB manufacturer defendants.
    • Identifying possible defendants.
    • Pursuing all claims and actions in connection with an approved litigation strategy against defendants approved by the Attorney General.
    • Handling all appeals that may arise out of the litigation, subject to prior approval by the Attorney General.

    Prior to providing any legal services on behalf of the State, an attorney must be appointed by the Attorney General as a SAAG.  SAAGs must consult in advance with and advise the Attorney General’s designated representatives regarding all substantive issues affecting the litigation, as set forth in more detail in the SAAG Contract (PDF). 

    4. Out of Scope.

    The work does not include regulatory enforcement or claims under State or federal environmental laws not specifically and expressly agreed to by the Attorney General.