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Council authorizes testing and hires STAG‑affiliated counsel to pursue federal contamination claim
Summary
Faced with a June deadline to join a federal claim, Claremont authorized outside class counsel (STAG) to proceed with testing and approved up to $10,000 reimbursement for required testing, while reserving council review of local counsel arrangements.
The Claremont City Council voted May 26 to move forward with federally‑appointed class counsel (STAG) to pursue a potential contamination claim and authorized limited funding to cover initial testing needed to qualify the city for recovery.
Council discussion centered on timing and counsel selection after staff said a federal deadline required the city to "put our hand in the pot" to participate in available recovery funds. Mr. Van Wagner described the practical need: the approved class counsel would pay for and oversee testing that determines eligibility. He told the council the tests are time‑sensitive and estimated testing costs that the city may need to reimburse.
After debate over whether to require a particular local firm or exclude a previously retained firm, councilmembers struck a compromise: they authorized staff to hire STAG to begin testing immediately and empowered the city attorney to approve reimbursement for testing up to $10,000, with the understanding that staff returns at the next meeting to report local counsel details if needed.
The motion to authorize STAG and the testing reimbursement passed unanimously (4–0). Councilmembers expressed concern about using a former city attorney on the local team and asked staff to bring any local counsel selection back for review at the June 9 meeting if STAG requires local co‑counsel.
City staff said STAG (a federally‑appointed class counsel) would arrange and finance initial testing; if STAG withdraws for any reason, the council approved a contingency that would allow reimbursement for testing costs up to the authorized limit. Council members stressed the urgency of meeting procedural deadlines to preserve the city's ability to claim recovery.
The vote authorizes staff to proceed with testing and to engage class counsel so long as costs remain within the approved testing reimbursement limit; the council will review any local‑counsel arrangements and next steps at a subsequent meeting.
