RT ECP News Center

June 30, 2014

Former Spartanburg fertilizer plant to pay $2 million to cleanup site

Source: http://www.goupstate.com, Jun3 26, 2014 By: Lynne P. Shackleford U.S. Environmental Protection Agency officials reviewed a $2 million project to neutralize metals found in soil on the northeast corner of the former IMC fertilizer plant site in Spartanburg. A handful of residents attended the public meeting Thursday evening at the C.C. Woodson Community Center. This […]

June 30, 2014

DEQ investigates pollutant in downtown Laramie

Source: http://www.laramieboomerang.com, June 29, 2014 By: Chilton Tippin The Wyoming Department of Environmental Quality is investigating potential contaminants in soils, groundwater and soil vapors beneath downtown Laramie. The investigation encompasses roughly 61 acres, including portions of Grand Avenue, Third, Fifth and Garfield streets, as well as other areas. The DEQ intends to determine “the extent […]

June 30, 2014

Toxic waste site risk to thousands if not moved before next hurricane

Source: http://newsfixnow.com, June 27, 2014 On the Gulf Coast of Texas, the question isn’t if, but when, the next hurricane will come. And a new report from Texas A&M University-Galveston says before the next one hits, a lot of toxic waste needs to be cleaned up. If not, they say, the sludge at the San […]

June 30, 2014

California Appellate Court affirms damages resulting from faulty construction not “property damage”

Source: http://www.lexology.com, June 23, 2014 By: Mary (“Molly”) Woodson Poag and Jeremy B. Glen, Steptoe & Johnson LLP In Regional Steel Corporation v. Liberty Surplus Insurance Corporation, — Cal.Rptr.3d –, 2014 WL 2643242 (Cal. App. 2d Jun 16, 2014) (Regional Steel), the Court of Appeals for the Second District of California affirmed the lower court’s […]

June 26, 2014

Flawed NV Casino Tower Being Dismantled

Read here about the dismantling of a structurally flawed casino tower in Las Vegas that has started after years of delay.

June 26, 2014

Albertsons to pay $3.4 million to settle illegal disposal case

Source: Los Angeles Times, June 25, 2014 Posted on: http://envfpn.advisen.com The Albertsons company was ordered Tuesday to pay more than $3 million to settle a lawsuit accusing the grocery chain of illegal disposal, transportation, storage and mismanagement of hazardous waste at its 188 California locations. The company agreed to pay $3.4 million, including $2.7 million […]

June 26, 2014

$2.9 million jury award for Texas fracking claim: lessons for energy company risk managers

Source: http://www.lexology.com, June 24, 2014 By: Kami E. Quinn and Michael P. Hatley, Gilbert LLP A jury in Dallas recently awarded $2.9 million to a Texas family in one of the first trials involving allegations that hydraulic fracturing caused nearby residents to suffer health problems and property damage.  Although commentators were quick to point out […]

June 26, 2014

Environmental coverage in the age of the “Absolute Pollution Exclusion”

Source: http://www.lexology.com, June 24, 2014 By: Carl A. Salisbury, Kilpatrick Townsend & Stockton LLP More than 30 years after the insurance industry began adding a so-called “Absolute Pollution Exclusion” to Comprehensive General Liability insurance policies, some courts are still answering the basic questions that arise in coverage disputes about environmental liabilities, such as whether a […]

June 26, 2014

The Alabama Supreme Court broadens the definition of occurrence in a general contractor's commercial general liability policy in Owners Insurance v. Jim Carr Homebuilder, LLC

Source: http://www.lexology.com, June 24, 2014 By: Daniel L. Burkard, Burr & Forman LLP On March 28, 2014, the Alabama Supreme Court withdrew its September 20, 2013 opinion and substituted a new decision in Owners Ins. Co. v. Jim Carr Homebuilder, LLC, 2014 WL 1270629 (Ala. Mar. 28, 2013). In its new decision, the Alabama Supreme […]

June 26, 2014

Nevada Supreme Court holds that absolute pollution exclusion does not bar coverage for carbon monoxide poisoning suit

Source: http://www.lexology.com, June 23, 2014 By: Amy B. Briggs, Manatt Phelps & Phillips LLP Why it matters In answering certified questions from the Ninth Circuit, Nevada joined numerous other jurisdictions in holding that standard-form “absolute” pollution exclusions are ambiguous as to releases of non-traditional indoor pollutants – in this case carbon monoxide. Reasoning that the […]

June 24, 2014

Insurers must demonstrate applicability of pollution exclusion in wrongful death suit, says Texas court

Source: http://www.lexology.com, June 23, 2014 By: Amy B. Briggs, Manatt Phelps & Phillips LLP Why it matters A Texas federal district court delivered a mixed ruling to a policyholder seeking defense and indemnity for a wrongful death suit, finding that a pollution exclusion prohibited defense but not indemnity based on conflicting determinations regarding the cause […]

June 24, 2014

Design flaws in New York university can be split into two separate claims: Court

Source: http://www.businessinsurance.com, June 23, 2014 By: Judy Greenwald Two design flaws in construction of a City University of New York building entitle the building’s owner, the Dormitory Authority of the State of New York, to two separate limits of liability, says an appeals court, in upholding a lower court ruling that the two claims were […]

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