MISSION VALLEY – The city of San Diego can move ahead with private attorneys in its lawsuit against a Houston oil company for removal of contamination beneath Qualcomm Stadium.

The U.S. Court of Appeals for the Ninth Circuit ruled Wednesday that the city could hire outside counsel in its case against Kinder Morgan Energy Partners, owner and operator of a gasoline tank facility adjacent to Qualcomm Stadium.

Kinder Morgan had challenged the city's hiring of the law firm of Tatro Tekosky Sadwick, saying a city cannot hire private counsel on a contingency basis when the lawsuit involves removal of a public nuisance.

“This is a major victory,” said City Attorney Michael Aguirre. “It puts us a step closer to having more clean water for the city of San Diego.”

Emily Mir Thompson, spokeswoman for Kinder Morgan, said the company has not decided whether to appeal.

The San Diego Regional Water Quality Control Board issued a cleanup order in 1992. The process is continuing, and Aguirre sued to speed progress and seek damages for the city. Kinder Morgan bought the facility in 1998 and inherited the cleanup.