A pretrial conference between the V.I. government and Esso is set for Wednesday in New Jersey.
A settlement could be reached at that time between the V.I. government and one of the defendants in the long-running Tutu wells lawsuit.
V.I. Attorney General Iver Stridiron said a tentative settlement with Esso and its subsidiaries could be reached next week in federal court in New Jersey. A pretrial conference is set for Sept. 22 in Camden, N.J. where a final compromise on a portion of the case will be attempted, Stridiron said.
"It's really, truly not a settlement yet," Stridiron said, adding that a trial is set for November.
Individuals with knowledge of the case said the tentative settlement amount was $5.7 million. Neither Stridiron nor Esso's Chief Counsel Kell Damsguaard would confirm the amount. "I'm not at liberty to comment," Damsguaard said from his office in Philadelphia.
A pretrial conference is where a presiding judge, in this case District Judge Stanley Brotman, will "twist arms" to persuade opposing sides to reach a settlement before a trial begins, Stridiron said.
"Generally, if you are going to have a settlement it will be at the pretrial conference," he said.
The suit against Esso was filed in 1996 by the government. However, the contamination of the aquifer at Estate Tutu goes back to the early 1980s and involves several companies, including Texaco, Western Auto and O'Henry Dry Cleaners.
Tests of the aquifer in 1983 discovered two cancer-causing chemicals. In 1987, the federal Environmental Protection Agency closed wells in the area and announced the entire aquifer was contaminated. The Tutu Texaco gas station was identified as a pollutant.
In 1988, the EPA identified several other companies, including Esso, as primary polluters. In 1990, the EPA ordered Esso, Texaco and O'Henry Dry Cleaners to monitor well water and supply potable water to residents with contaminated well water. Two years later the Tutu aquifer was made an EPA Superfund site.
Brotman's involvement in the case goes back to 1993 when he levied penalties against Exxon Corp. attorneys for withholding evidence about soil contamination at the Estate Tutu Esso station. Exxon is the parent company of Esso.
The territory is represented by St. Croix attorney Jack Dema, who was off island and did not return calls last week. Esso's local attorney is Douglas Capdeville, who referred questions to Damsguaard.
