Board approves attorney pay

The Clark County School Board approved a $250-an-hour rate on Thursday for an attorney defending the Clark County School District against an environmental lawsuit filed in federal court.

A group of 28 homeowners who live directly east of the Boulevard Mall on Maryland Parkway is suing a former dry cleaners and a succession of property owners, including the district, for contaminating the soil and groundwater with chlorinated solvents.

The pollution is believed to have occurred sometime between 1969 and 2000, when an Al Phillips Dry Cleaners was doing business at the former Maryland Square Mall, located just north of the intersection of South Maryland Parkway and Twain Avenue, according to the plaintiffs' lawsuit.

The district bought the strip mall site as a distressed property early this decade, according to Superintendent Walt Rulffes.

A western section later became Petersen Elementary School but the rest of the property was sold.

Because of the contamination, the seller gave the district $1.5 million as part of a trust fund for remediation. Bill Hoffman, the district's general counsel, believes the trust fund should indemnify or protect the School District against the lawsuit. Hoffman said he wants an expert, Carlos McDade, to handle details of the case.

Chlorinated solvent contamination was first detected in 2000 during a routine environmental assessment for a property transaction, according to court papers. An investigation revealed a "chlorinated solvent plume" had migrated east in the groundwater, across Maryland Parkway, underneath the Boulevard Mall and plaintiffs' homes and towards the Las Vegas National Golf Course.

The two schools in the area, Thomas Elementary School and Orr Middle School, were tested and found not to be contaminated, said Dante Pistone, a public information officer for the Nevada Division of Environmental Protection.

Pistone said the plume is about 15 to 20 feet underground and poses no immediate threat to public safety. The state agency has paid for ventilation systems in 14 homes where vapors from the chlorinated solvent could pose a threat if the exposure is continuous for 30 years or more, Pistone said.

Contact reporter James Haug at jhaug@reviewjournal.com or 702-799-2922.