Title
Resolution to Approve the Ninth Amendment to Professional Services Agreement with Bodman, PLC, for Legal Services Relative to 1,4-Dioxane from Gelman Sciences, Inc., dba Pall Life Sciences ($150,000.00)
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.
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, and that cleanup criterion of 7.2 ppb has since been adopted on a non-emergency basis.
Under the circumstances, the State was in negotiations with Gelman regarding possible revision of the consent judgment. In December 2016 the City, various Washtenaw County parties, and the Huron River Watershed Council moved and were granted permission to intervene in the case between the State and Gelman. In February 2017, Scio Township also was granted permission to intervene. Although the intervening parties can pursue litigation as parties to the case, the City and other intervenors became involved in the negotiations and met on a regular basis in an effort to reach agreement on an amendment to the consent judgment satisfactory to the intervening parties. Since the 8th Amendment was entered on March 14, 2022, there has been much activity in the case including briefing and argument in the Court of Appeals and briefing and a hearing on a show cause motion in the trial court regarding response activities.
Including amendments 1 through 8, the contract with Bodman, PLC, has reached $892,500.00 for legal services and $27,500.00 for the City's share of expert services.
Although the amount of time and co...
Click here for full text