Source: http://www.mondaq.com, July 3, 2013 By: Thomas M. Contois and Paul Janaskie, Steptoe & Johnson LLP In two related coverage actions, the US Court of Appeals for the Eighth Circuit addressed the application of the absolute pollution exclusion in commercial general liability insurance policies to lawsuits alleging harm from lead extraction operations. Doe Run Resources […]

Source: http://www.spencerfane.com, July 7, 2013 The Kansas Department of Transportation (KDOT) has entered into a federal Consent Decree with the Environmental Protection Agency (EPA) and the U.S. Department of Justice to resolve construction stormwater violations under the Clean Water Act. The Consent Decree, published in the Federal Register on Monday, July 8, 2013, and lodged […]

Source: Claims Management, June 2013 By: Thomas P. Bernier and Susan E. Smith Claims Investigation and Defense Strategies for an Emerging Trend What is Legionnaires’ disease? Legionnaires’ disease, or legionellosis, is a serious, potentially lethal type of pneumonia that is caused by bacteria of the genus Legionella. The Centers for Disease Control and Prevention (CDC) […]

Source: http://www.lexology.com, June 28, 2013 By: Brian Margolies, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Colonial Oil Indus. v. Indian Harbor Ins. Co., 2013 U.S. App. LEXIS 12946 (2d Cir. June 25, 2013), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to consider […]

Source: http://www.heraldonline.com, June 29, 2013 By: David Wren Environmental groups say state-owned electric utility Santee Cooper is trying to mislead the public about its proposed plan to contain groundwater pollution at the closed Grainger plant here, but Santee Cooper officials say the proposal is in its early stages and more detailed information — including answers […]

Source: http://idahobusinessreview.com, June 27, 2013 By: John Baker An architect had occasion, for the first time, to call on his errors-and-omissions insurance policy for coverage. No suit had been filed; the architect’s client had not even made a claim. But over a period of months, the architect had grown concerned that some problems he had […]

Source: http://www.lexology.com, June 25, 2013 By: Wayne J. D’Angelo and Andrew M. McNamee, Kelley Drye & Warren LLP The Environmental Protection Agency has abandoned its investigation into alleged groundwater contamination from hydraulic fracturing operations near Pavillion, Wyoming. The investigation will be continued by the state, funded by a $1.5 million grant from Encana Oil & […]

Source: http://www.lexology.com, June 26, 2013 By: Megan R. Galey, Sarah Dotson Mathews and Scott E. Stewart, Husch Blackwell LLP On June 17, 2013, Gov. Pat Quinn signed into law the Illinois Hydraulic Fracturing Regulatory Act, establishing a highly regulated permitting program for high volume horizontal hydraulic fracturing activities that will be overseen by the Illinois […]

Source: Beazley Pro, Summer 2013 Facts: After sustaining serious injuries in a fall in a sports facility parking lot, the plaintiff sued the property owner, who in turn filed a third-party action against our insured, an engineer. This suit against the engineer alleged that deficiencies and code violations in his design of the facility’s parking […]

Source: Beazley Pro, Summer 2013 Facts: A customer alleged that her HVAC contractor failed to reconnect the ventilation system in her doublewide trailer during servicing. As a result, she said, mold and mildew developed in the attic and wall cavities of the trailer. Discussion: The plaintiff’s initial demand exceeded $150,000 and included the contractor tearing […]

Source: http://www.flamboroughreview.com, June 29, 2013 By: Kevin Werner The federal Environment Ministry’s has cleared the $140-million project to clean up Randle Reef under the federal environment assessment program is one of the last hurdles to finally begin constructing the facility to contain the toxic sediment. “It’s exceptionally good news,” said Chris McLaughlin, executive director of […]

Read here about the increase of fracking waste in Ohio resulting from the shale gas and oil drilling process.