Source: http://www.lexology.com, January 21, 2014 By: David A. Baay, Lee C. Davis, Jennifer Wheatley Fletcher, Juan C. Garcia, Daniel Johnson and Kent W. Collier, Sutjherland Asbill & Brennan LLP On January 17, 2014, the Supreme Court of Texas rejected a commercial general liability (“CGL”) insurer’s attempt to invoke the “contractual liability” exclusion to deny coverage […]

Source: Time Record (Fort Smith, AR), January 25, 2014 Posted on: http://envfpn.advisen.com Whirlpool Corp. submitted to the state Friday what it calls a revised work plan to address contamination in soil and groundwater at its dormant Fort Smith plant. The latest submission is a requirement of a long-term cleanup plan, called a Final Remedial Action […]

Read here about an order for all tanks to be removed by the company involved in the West Virginia chemical spill.

Source: http://www.ledger-enquirer.com, January 25, 2014 By: Mike Owen For half a century, toxic and combustible materials have been stored in a couple of dozen storage tanks on the banks of the Chattahoochee River. The tank farm — located near popular venues such as the National Civil War Naval Museum, the South Commons softball complex, A.J. […]

Source: http://www.mlive.com, January 25, 2014 By: John S. Hausman The former Zephyr Oil site is finally on the verge of getting cleaned up after decades of petroleum pollution followed by more decades of snail’s-pace contaminant control. It’s been a long time coming. A vital first step – long needed, never attempted – has finally been […]

Source: http://www.lexology.com, January 20, 2014 By: Carl A. Salisbury, Kilpatrick Townsend & Stockton LLP Construction projects are always the subject of contracts among owners and contractors. Does an exclusion in the standard Comprehensive General Liability insurance policy that precludes coverage for “liabilities assumed under contract” apply to construction contracts? According to a recent, and long-awaited, decision […]

Source: Legal Monitor Worldwide, January 23, 2014 Posted on: http://fpn.advisen.com One of the largest environmental disasters in recent American history happened three days before Christmas in 2008, when more than 1 billion gallons of coal ash slurry spilled from a coal plant in Tennessee into a nearby river. The Tennessee Valley Authority’s (TVA) plant at […]

Source: Register-Herald (Beckley, WV), January 23, 2014 Posted on: http://fpn.advisen.com Each day, it seems a new chapter is written in the story of Freedom Industries and its leak into the Elk River that tainted water for about 300,000 West Virginians. On Tuesday, Freedom President Gary Southern told state officials that 300 gallons of a second […]

Source: Dow Jones News Service, January 21, 2014 Posted on: http://envfpn.advisen.com Energy and pipeline companies like to point out they use high-tech sensors and remote-monitoring systems to automatically alert engineers when a pipeline starts to leak oil. However, most leaks usually aren’t discovered that way, according to a review of four years of liquid pipeline […]

Read here about a settlement that has been reached in a Georgia fish kill lawsuit.

Source: http://www.lexology.com, January 21, 2014 By: Karl Chang and Ray Hsu, Tsar & Tsai Recently the public has learned that some manufacturers in Taiwan were suspected of having discharged waste water containing hazardous substances into rivers and the ocean, polluting the water in the nearby vicinity and harming the irrigation systems of farmlands downstream.  It […]

Source: http://www.insurancejournal.com, January 21, 2014 A Spartanburg, South Carolina neighborhood is suing a chemical plant, saying pollution has caused dozens of cancer cases. The lawsuit filed last week in federal court accuses a Hoechst Celanese polyester manufacturing plant of polluting groundwater and streams around the plant for dozens of years. The lawsuit was filed on […]