Title
Resolution to Approve First Amendment to Professional Services Agreement with Bodman, PLC, for Legal Services Relative to 1,4-Dioxane from Gelman Sciences, Inc., dba Pall Life Sciences ($100,000.00)
Memorandum
The City has previously litigated against Gelman Sciences, Inc., dba Pall Life Sciences (Gelman) relative to the 1,4-dioxane that Gelman released at its property in Scio Township that has migrated as one or more plumes, via aquifers, both under properties within the City of Ann Arbor and under properties in Scio Township. Notwithstanding a consent judgment and amendments to that consent judgment between Gelman and the State of Michigan, and notwithstanding the settlement agreement between the City and Gelman, the plumes have continued to migrate and pose new threats to the health, safety and welfare of the residents of Ann Arbor and neighboring townships, including having a safe source for groundwater for the City's drinking water supply system.
Although the City entered into a settlement with Gelman in late 2006, the City did not release all future claims and reserved its right to bring those claims if they arose.
On October 27, 2016, the Michigan Department of Environmental Quality (MDEQ) promulgated, and Governor Snyder approved, an emergency cleanup criterion of 7.2 ppb for 1,4-dioxane, replacing the 85 ppb criterion that was previously in effect.
Under the circumstances, it is in the City's interest to pursue possible options, including litigation, relative to Gelman's obligations in light of both the new criterion and the continued migration of the 1,4-dioxane plumes.
The City Attorney selected the Bodman, PLC, law firm to provide advice and to draft and file a motion to intervene in the State's case against Gelman, and otherwise handle this matter. That selection is based on the firm's familiarity with the issues and details of this matter because of its representation of the City in the prior litigation against Gelman, and t...
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