Des Moines Investigates Legal Claims Over PFAS Water
The city is exploring recovery of cleanup costs from chemical manufacturers as local utilities face ongoing PFAS contamination.
Updated on Oct. 15, 2026 in Utilities
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The Des Moines City Council has hired the law firm Grossman & Kelly to investigate potential legal claims regarding PFAS contamination in local water sources. This move follows previous industry-wide settlements that have provided millions of dollars to regional water utilities.
Why it matters
As contamination-related litigation expands to include microplastics and other waste, local utilities and city operators face increasing pressure to pursue recovery for the significant costs of remediation and compliance. The outcome of such investigations determines potential funding streams for long-term water infrastructure improvements.
DSM Water Works previously secured a $9.7 million settlement from 3M in 2025, while West Des Moines Water Works anticipates $2.3 million from ongoing settlement agreements. Grossman & Kelly will operate on a 33% contingency fee structure if they recover funds for the city.
The players
Des Moines City Council
The local legislative body responsible for municipal policy, budget oversight, and legal strategy.
Grossman & Kelly
A law firm that specializes in pursuing environmental and product liability litigation for public entities.
DSM Water Works
The public utility responsible for providing water service to the Des Moines metropolitan area.
The details
The firm will deploy geologists and technical experts to evaluate the extent of contamination from sources including firefighting foam, firefighting gear, microplastics, and tobacco waste. This investigative process is designed to determine the liability of manufacturers whose chemicals have been detected in regional water supplies. The city council's move mirrors recent legal strategies employed in Columbus and Avon where municipalities are actively seeking similar damage recoveries.
Timeline
2023: U.S. Geological Survey study estimated that at least 45% of U.S. tap water contains PFAS.
2025: DSM Water Works was awarded $9.7 million from a 3M settlement.
October 2026: Des Moines City Council retained Grossman & Kelly.
Market Landscape
This investigation follows a pattern of municipal litigation triggered by the 2023 U.S. Geological Survey finding that at least 45% of U.S. tap water contains PFAS. Local officials are increasingly leveraging this national data to pursue manufacturers for remediation costs.
Operators in the utility and infrastructure sectors should monitor this legal investigation for potential changes in capital recovery strategies. Compliance costs for water treatment and the pursuit of manufacturer-funded damages are now critical line items for operational planning.
The takeaway
The engagement of counsel marks the first step in assessing whether the city will seek recovery for PFAS-related damages. Operators should note the 33% contingency model used in this engagement as a benchmark for evaluating legal costs in environmental remediation projects.
Further reading
For additional context on how local infrastructure responds to regulatory changes, visit Utilities.
Source note: This article includes information reported by Axios.
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