PROPOSAL:
Approve Appropriation from General Fund, Designation for Litigation and
Enforcement to District Counsel’s Budget and Authorize Amending Existing
Contract with Shute, Mihaly & Weinberger
SYNOPSIS:
AQMD is currently represented in several major lawsuits by the law firm
of Shute, Mihaly & Weinberger. These include litigation on the Fleet
Rules, the Railroad Rules, the Architectural Coatings Rules, the Aggregate
Mining Rule, and a threatened lawsuit over a power-plant project in
Romoland. This action is to appropriate $250,000 from the Designation for
Litigation and Enforcement to the District Counsel Budget, Professional
and Special Services account, and to authorize the Executive Officer to
amend an existing contract in the amount of $250,000 with Shute, Mihaly &
Weinberger.
COMMITTEE:
Administrative, April 14, 2006, Recommended for Approval
RECOMMENDED ACTION:
- Appropriate $250,000 from the General Fund, Designation for
Litigation and Enforcement to District Counsel’s FY 2005-06 Budget,
Professional and Special Services account.
- Authorize the Executive Officer to amend an existing contract with
Shute, Mihaly & Weinberger by an additional $250,000.
Barry R. Wallerstein, D.Env.
Executive Officer
Background
In the FY 2005-06 Budget, the Board established a Designation for
Litigation and Enforcement to cover outside counsel expenses for the current
fiscal year. In October 2005, the Board also authorized a contract with the
law firm of Shute, Mihaly & Weinberger to represent AQMD in environmental
law matters. Shute, Mihaly & Weinberger has been representing the AQMD in
the litigation over the Fleet Rules, the Architectural Coatings rules, the
Railroad rules, the Aggregate Mining rule, and a power-plant project in
Romoland. The AQMD has paid Shute, Mihaly & Weinberger $414,668.35 through
February of the current fiscal year for their representation. It is expected
that expenditures of an additional $250,000 will be required to fund the
ongoing litigation through the end of the fiscal year.
Proposal
In order to defend ongoing and threatened litigation, it is necessary to
appropriate additional funds for expenditure by outside counsel. It is
expected that ongoing lawsuits will require an additional $250,000 to be
awarded to Shute, Mihaly & Weinberger.
Resource Impacts
Sufficient funds are available in the Designation for Litigation and
Enforcement.
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