Source: http://www.empirestatenews.net, July 29, 2014 A State Supreme Court ruling holds a landowner and his contractor liable for illegally operating a landfill and discharging pollution into a New York City drinking water source that has historically provided water to 1 million New Yorkers daily.  Putnam County Supreme Court Justice Victor Grossman found that Gary Prato, […]

The attached documents detail a recent Massachusetts decision that could impact general contractors and their expectations on building projects.  In the case of Coghlin Electrical Contractors, Inc. v. Gilbane Building Company & Travelers Casualty & Surety Co. of America, No. 2013-1300-D (Mass. Sup. Ct., June 24, 2014) (Davis, J.) a court “dismissed a Construction Manager’s […]

Source: http://www.metrowestdailynews.com, July 27, 2014 By: Jonathan Phelps Decades after the Nyanza Color and Chemical Co. plant in Ashland closed, the cleanup continues — and likely will for years to come. From 1917 to 1978, harmful waste from textile dyes were released into streams and the Sudbury River. Since 1982, Nyanza has been listed as a Superfund site through […]

Source: Beazley, PRO Newsletter, Summer 2014 Facts: A Beazley insured provided architectural services in connection with the design and construction of a recreational park. A construction defect lawsuit was filed by the project owner, who alleged that our insured did not sufficiently investigate the financial wherewithal of the project contractor and its surety. Moreover, the […]

Source: Beazley, PRO Newsletter, Summer 2014 Facts: Our insured, an engineering firm, was retained by a bridge designer to provide geotechnical engineering services in connection with a bridge project in Vermont. Our insured carried Environmental Media Tech Insurance – which addressed not only its contractor’s pollution liability, but also its professional liability exposure – all […]

Source: http://www.wandtv.com, July 25, 2014 Contaminated soil brought dozens of concerned homeowners together Thursday evening at a public meeting in Danville.  The U.S. Environmental Protection Agency hosted the meeting, to inform certain residents that the soil on their property could be harmful and clean-up efforts are being planned. “Three neighborhood’s were investigated, said EPA representative, […]

Source: http://www.northjersey.com, July 25, 2014 By: Eric Kiefer It’s a clear, colorless liquid that has a mild, sweet, ether-like odor. It’s also a “probable carcinogen” that can potentially damage developing fetuses, decrease fertility, and damage the liver and kidneys, according to the New Jersey Department of Health. Say hello to tetrachloroethylene, otherwise known as perchloroethene, […]

Source: http://www.oregonlive.com, July 25, 2014 By: Kelsey O’Halloran Bob Huston knows doing the right thing can be costly. But in the Banks School District Superintendent’s case, doing the right thing is going to cost $30,000 or more. The district’s construction crew three weeks ago unearthed a 1,000-gallon fuel tank while building a concrete plaza near […]

Source: http://trib.com, July 25, 2014 By: Trevor Graff The four-engine drone of the B-24 Liberator has long since faded at Casper/Natrona County International Airport. But during World War II, the Casper Army Air Field, as it was then known, served as the final stop for bomber crews training for overseas assignments in Europe. The bombers […]

Source: http://www.wandtv.com, July 25, 2014 Contaminated soil brought dozens of concerned homeowners together Thursday evening at a public meeting in Danville.  The U.S. Environmental Protection Agency hosted the meeting, to inform certain residents that the soil on their property could be harmful and clean-up efforts are being planned. “Three neighborhood’s were investigated, said EPA representative, […]

Source: http://www.lexology.com, July 23, 2014 By: Christopher “Kip” B. Power and Robert M. Stonestreet, Dinsmore & Shohl LLP Rejects Permit Shield Defense By a published decision released on July 11, 2014, the U.S. Court of Appeals for the Fourth Circuit affirmed a district court decision out of the Western District of Virginia finding that A […]

Source: http://www.lexology.com, July 21, 2014 By: Thomas M. Contois and Erica L. Gerson, Steptoe & Johnson LLP In Wisznia Company, Inc. v. General Star Indemnity Company, No. 13-31125, 2014 U.S. App. LEXIS 13563 (5th Cir. July 16, 2014), the United States Court of Appeals for the Fifth Circuit, applying Louisiana law, affirmed the trial court’s summary […]