Oakland City Wire

The City of Oakland has engaged Sher Edling LLP, a San Francisco-based environmental litigation firm, on a contingency-fee basis to pursue legal action against BP and other oil companies for climate-related damages. This information comes from a 2018 retainer agreement obtained through a public records request.

According to Sher Edling LLP’s website, the firm represents public entities in environmental cases involving climate damage, water contamination, and pollution. Its clientele includes the cities of New York, San Francisco, and Honolulu; the states of Minnesota and Delaware; and the District of Columbia. The firm also manages litigation related to PFAS (per- and polyfluoroalkyl substances), oil spills, and plastics on behalf of public entities.

The contingency-fee agreement stipulates that Sher Edling LLP will advance all litigation costs and receive compensation only if a net monetary recovery is achieved. The contract specifies a tiered fee schedule based on the amount recovered and caps the city's payment at levels comparable to what other municipalities pay in similar cases. If no recovery is made, Sher Edling receives no payment and absorbs the associated costs.

According to a July 2025 white paper published by the Washington Legal Foundation, authored by former Nebraska Attorney General Doug Peterson, questions have been raised regarding the authority of municipalities to hire private law firms for public-interest litigation. Peterson argues that only state attorneys general may act as parens patriae and cautions that lawsuits led by cities or counties could conflict with state enforcement priorities.

Sher Edling LLP must obtain written approval from the Oakland City Attorney for key litigation decisions such as settlement terms, expert witnesses, and trial strategy. The City Attorney retains veto power and requires advance review of all filings. Additionally, the firm is responsible for managing case administration and maintaining detailed billing and cost records.