One of the law firms suing Olin Corp. for allegedly
contaminating its clients
’ wells with perchlorate, deflected conflict-of-interest
concerns raised recently over the company’s business relationship
with the Santa Clara Valley Water District.
One of the law firms suing Olin Corp. for allegedly contaminating its clients’ wells with perchlorate, deflected conflict-of-interest concerns raised recently over the company’s business relationship with the Santa Clara Valley Water District.
Attorney Colin Pearce, of the law firm Duane Morris LLP & Associates, said that lack of a legal basis – and not its ongoing business relationship with the water district – was the reason his company is not suing the utility company.
Duane Morris has filed 90 of the roughly 300 lawsuits against Olin and other defendants in the perchlorate contamination case. More than 200 of the lawsuits include the water district as a defendant, however none of the 90 suits Duane Morris lawyers have filed name the water district.
“We did not see any legal basis for suing the district,” Pearce said. “The district did not put perchlorate in the ground. It did not import the water. It’s groundwater that Olin admits they contaminated.”
Attorney Richard Alexander, of the law firm Alexander Hawes & Audet LLP, sees it differently. Alexander has been running full-page ads in The Morgan Hill Times and Gilroy Dispatch reminding perchlorate victims they had until July 17 to file a complaint with the water district. If the complaints are denied by the water district, filers are eligible to continue in court.
In the ads, Alexander sites government code referring to a water district’s responsibility “to ensure groundwater resources are sustained and protected” and to monitor the quality of the groundwater basin “to ensure that it meets water quality objectives for all designated beneficial uses.”
A judge will need to determine if the groundwater resources referenced in the code include private wells outside the water district’s jurisdiction.
Pearce, the Duane Morris lawyer, acknowledged an ongoing business relationship with the water district.
“We specialize in water law. That’s our business,” Pearce said.
Pearce claims the decision not to sue the water district was not made by the Duane Morris firm. Instead, Rapazinni & Graham, a firm working as co-counsel on the case, made the call. That firm has not done business with the water district, Pearce said.
