RT ECP News Center

October 21, 2015

When an Exception to the “Mold Exclusion” Exposes Carriers to More Than Just Fungi or Bacteria

Source: http://www.natlawreview.com, October 20, 2015 By: Eric \g. Cheng, Wison Elser The recent New York City outbreak of Legionnaires’ disease (named for a 1976 outbreak of a type of pneumonia at an American Legion convention) has raised awareness of the illness. It has also renewed the courts’ interest in interpreting the Mold Exclusion. In the […]

October 21, 2015

Exception to mold exclusion requires defense of suit alleging injuries from moldy water

Source: http://www.lexology.com, September 9, 2015 By: Amy B. Briggs, Donna M. Carlton, Christine Spinella Davis, David B. Killalea, Stephen T. Raptis and Robert H. Shulman, Manatt Phelps & Phillips LLP Why it matters: An exclusion for “Fungi or Bacteria” did not prevent a federal court judge in Tennessee from ordering an insurer to provide a defense […]

October 20, 2015

Henderson May Annex Eldorado Valley Land Containing Asbestos

Source: http://www.asbestos.com, October 19, 2015 By: Beth Swantek Officials in Henderson, Nevada, forge ahead with plans to possibly annex and develop parts of the Eldorado Valley despite geologists’ concerns about the presence of naturally occurring asbestos in the ground. While official annexation remains delayed, city officials continue studying the proposal and negotiating with developers, Henderson […]

October 20, 2015

Options studied for chromium cleanup in Garfield

Source: http://www.northjersey.com, October 19, 2015 By: Scott Fallon Scientists may try a combination of cleanup methods to eliminate the toxic groundwater that has sat under a neighborhood for three decades, but funding for those efforts remains in limbo, federal officials said last week. The U.S. Environmental Protection Agency plans to propose a cleanup plan this […]

October 20, 2015

Legal fight ends over cleanup cost for Delmar dry cleaner's pollution

Source: http://www.timesunion.com, October 19, 2015 By: Brian Nearing After dispute, estate to help fund work at former dry cleaner site The cleanup of carcinogenic chemicals from a former Delmar dry cleaner along a busy commercial strip is moving ahead after a lengthy legal dispute over who would pay for it. This month, the state Department […]

October 20, 2015

Water Board Proposing to Fine Developer $850K for Violations

Source: http://timesofsandiego.com, October 19, 2015 By: Alexander Nguyen The San Diego Regional Water Quality Control Board on Monday proposed a penalty of up to nearly $850,000 on San Altos-Lemon Grove, LLC for water quality violations related to construction activities at the 18-acre Valencia Hills site in Lemon Grove. The complaint alleges the developer allowed polluted storm […]

October 19, 2015

Third Circuit Says Renewal Policy Must Offer Same Terms

Source: http://www.thelegalintelligencer.com, October 15, 2015 By: Gina Passarella In an apparent case of first impression, the Third Circuit has ruled an insurance company’s policy renewal must offer the same or similar terms as the original policy. Thursday’s ruling in Indian Harbor Insurance v. F&M Equipment from the U.S. Court of Appeals for the Third Circuit […]

October 19, 2015

Pollution cleanup set by NYS for Delmar dry cleaner

Source: http://blog.timesunion.com, October 19, 2015 By: Brian Nearing The state will spend about $621,000 to clean up chemicals left in the ground at the site of the former Roxy Cleaners at 156 Delaware Ave. in Delmar. Plans call for removal of about 1,650 cubic yards of soil tainted with four carcinogens – tetrachloroethene (PCE), trichloroethene […]

October 16, 2015

Volatile Chemicals Identified at Abandoned Oil Drum Site

Source: http://www.newswest9.com, October 15, 2015 By: Julia Deng Environmental Protection Agency officials released more information about chemicals detected at an abandoned oil drum operation at Marco Avenue and Market Street. Thousands of steel and plastic containers at the site have been leaking toxins into the ground, contaminating water wells and creating significant fire hazards, NewsWest […]

October 16, 2015

Toxic Soil Clean-Up at Wynn Site Set to Begin Next Week

Source: http://charlestownbridge.com, October 15, 2015 After decades of toxic dormancy on the old Monsanto site, a Boston company will begin removing the environmental sins of the past from the former chemical plant next week in preparation for construction on the Wynn Everett casino. In dual meetings this week in Everett on Tuesday night, and in […]

October 16, 2015

P3s: opportunities for green

Source: http://www.lexology.com, October 14, 2015 By: Sarah E. Carson, Smith Currie & Hancock The public infrastructure of the United States is crumbling. While state and local governments face budgetary restrictions, they are also requiring more costly repairs through increasing mandates for green building. The United States Environmental Protection Agency describes green building as the practice […]

October 16, 2015

CM at risk – owner still impliedly warrants design

Source: http://www.lexology.com, October 14, 2015 By: Stan Martin,Commonsense Construction Law LLC A public authority argued that the CM’s obligation to review and comment on the design in process meant that the authority did not impliedly warrant the sufficiency of that design. And thus the CM would have no claim against the authority when a subcontractor […]

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