Source: http://www.courthousenews.com, April 2, 2015 By: Katherine Proctor Companies fighting over the ongoing cleanup of contaminated Sacramento soil and groundwater must return to the drawing board, the 9th Circuit ruled Thursday. The dispute arises from the industrial dry-cleaning and laundry operations Petrolane subsidiary Valley Industrial Services conducted at site in Sacramento it later sold in […]

Source: http://www.northjersey.com, April 3, 2015 By: Scott Fallon Anyone who regularly went onto the Quanta Superfund site in Edgewater before some of the pollution was removed has an increased risk of getting cancer and other diseases, according to a new health study by the state. A Department of Health official said the increased risk is […]

Source: http://www.lexology.com, April 6, 2015 By: Hunton & Williams LLP On March 30, 2015, the Court of Appeals of Georgia held that lead-based paint did not qualify as a pollutant for purposes of a standard pollution exclusion in a commercial general liability (CGL) policy, resolving a matter of first impression in Georgia. The decision in […]

Source: Columbus Dispatch (OH), April 5, 2015 Posted on: http://envfpn.advisen.com The tractor-trailers arrive at a steady pace, turning off Rt. 50 and climbing a hill to a collection of tall, green metal tanks. The trucks haul long, white tanks that are bare except for a number that identifies their company and one word that has […]

Source: San Francisco Chronicle, April 6, 2015 Posted on: http://envfpn.advisen.com A century ago, Pacific Gas and Electric Co. generated gas for San Francisco customers from coal and oil plants in the Marina and Fisherman’s Wharf neighborhoods that deposited their waste into the ground and in waters that flowed to the bay. Five years ago, Marina […]

Source: http://www.lexology.com, March 25, 2015 By: James T. Dixon, Brouse McDowell The Ohio Appellate Court in Dayton recently issued a reminder as to how an important legal doctrine can make it difficult for parties harmed by sub-standard construction work to recover from the responsible party. That doctrine – known as the Economic Loss Doctrine – […]

Source: http://www.myfoxboston.com, March 31, 2015 Thousands of New Hampshire residents may have been exposed to toxic levels of chemicals from contaminated well water. The water served the Pease International Tradeport and former Air Force base, which is now a Superfund site after the EPA officials said they found levels of perfluorochemicals, or PFCs, in the […]

Source: http://www.ctpost.com, March 31, 2015 By: John Burgeson and Keila Torres Ocasio Federal officials on Monday made a more than $100 million commitment to clean up the contaminated soil that is the centurylong legacy of the Raybestos company. The consensus agreement on a “comprehensive cleanup” of the Raymark Superfund site in Stratford was more than a […]

Source: St. Louis Post-Dispatch (MO), March 27, 2015 Posted on: http://envfpn.advisen.com Ameren Missouri has joined a group of companies that are keeping chemicals from polluting St. Charles’ drinking water wells. The utility settled a lawsuit last month with several companies in charge of cleaning up contamination at the nearby Hayford Bridge Road Superfund site. Those […]

Source: http://www.lexology.com, March 27, 2015 By: George B. Hall, Jr., Phelps Dunbar LLP A federal court in Texas held that the “your work” exclusion is unambiguous and enforceable, barring a homeowner from collecting under a contractor’s policy a judgment against the contractor for completed work. Feaster v. Mid-Continent Casualty Co., No. 2015 WL 164041, (S.D. Tex. […]

Source: http://www.lexology.com, March 26, 2015 By: Hunton & Williams LLP In a case of significance to property owners, contractors and real estate developers alike, a federal court in Florida recently rejected an insurer’s attempt to avoid coverage for $23 million of damage caused by defective work, finding that the policyholder’s claim raised several genuine issues […]

Source: http://www.jdsupra.com, March 26, 2015 By: Stephen Bagge, Carlton Fields Jorden Burt Claims involving potential coverage for pollution liability pose unique challenges for insurers. In many cases, the polluting activity occurred decades ago and over a large span of time, with only a fraction of the activity occurring during the policy period. As a result, […]