Explanation
BACKGROUND: The City of Columbus (“City”) is committed to delivering clean drinking water to its citizens and to identifying responsible parties and taking reasonable steps to avoid passing on to its consumers the costs of replacing the lead water service lines within its drinking water infrastructure. Towards this end, the City Attorney’s office, on behalf of the Department of Public Utilities, has been exploring the various legal options that may be available to assist the City in investigating and assessing potential claims arising out of the lead water service lines that are or were within the City’s drinking water infrastructure and, if warranted, to represent the City in any civil action that may be filed (“Legal Action”).
The City Attorney’s office is in need of special legal counsel to assist in pursuing such legal options. After consideration, the City Attorney has selected the law firm of Edelson PC (or the “Firm”) to serve as special legal counsel for this matter. The Firm is a nationally-recognized leader in high-impact plaintiffs’ work, ranging from class and mass actions, to representing public clients in investigations and enforcement actions and is comprised of some of the nation’s foremost attorneys qualified and experienced in, among other things, environmental litigation.
FISCAL IMPACT: While there is no cost to the City as a result of this contract, City Council approval is being sought due to the legally binding commitment being made therein to pay attorney fees and reimburse for reasonable litigation expenses solely on a contingency basis from any recovery related to the portion of any matter resolved in favor of the City.
Emergency designation: Emergency designation is requested as the City enacted CCC section 1119.03 in 2024 declaring the use of a Lead Service Line to deliver drinking water from a water main to a residence, business, school, or other building or structure, to be a public nuisance as such use increases...
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