Source: http://www.lexology.com, May 22, 2013 By: Robert S. Sanoff, Foley Hoag LLP The Fifth Circuit handed down an important decision last week, Louisiana Generating LLC v. Illinois Union Insurance Company, clarifying the scope of coverage under a Premises Pollution Liability Insurance Policy. The policyholder sought coverage for a Clean Air Act suit by the United […]

Source: Business Insurance, May 29, 2013 Wal-Mart Stores Inc. on Tuesday said it would pay nearly $81.63 million to the federal government as it pleaded guilty to charges that it improperly discarded hazardous waste such as bleach and fertilizer years ago. The U.S. Department of Justice said that in cases filed by federal prosecutors in […]

Source: The Durango Herald, May 26, 2013 By: Jim Mimiaga Cleanup plan in place, but owner blocks access A prolonged dispute about land contaminated by fuel at a former gas station on U.S. Highway 160 has reached an impasse. Wild Wild Rest, between Mancos and Mesa Verde National Park, used to host motorcycle races and […]

Source: The Baltimore Sun, May 20, 2013 By: Timothy B. Wheeler Two Baltimore residents contend city allowing Patapsco pollution A pair of Baltimore residents filed suit Monday accusing the city of breaking the law by allowing toxic chemicals to leach into the Patapsco River from the South Baltimore site where a casino is now under […]

Source: http://www.natlawreview.com, May 24, 2013 By: Scott R. Fradin, Much Shelist, P.C. On a recent trip with my son to an extreme sports facility, I was presented with a rather lengthy form that I was asked to sign before my son would be allowed to participate. The following provisions grabbed my attention: I certify and […]

Source: Great American Environmental Division, May 2013 During recent interior room renovations at a highly rated senior assisted living facility, mold contamination was encountered on the surface and behind vinyl wall coverings. After inspection of over 35 rooms, the cause was determined to he increased humidity levels brought on by occupants opening windows and allowing […]

Source: Great American Environmental Division, May 2013 An apartment management company was notified of a water leak in the ceiling of one of their units during a heavy rainstorm. After the storm, the property management company sent out their repair contractor to inspect the damage and to provide a cost estimate for the repairs. During […]

Source: Great American Environmental Division, May 2013 A luxury resort operated a golf course near a popular lake that was used by the local community for fishing and swimming. Storm water runoff from the golf course routinely flowed into the lake. Over time, the lake became contaminated due to excess application of pesticides and herbicides […]

Source: Great American Environmental Division, May 2013 Looking to expand their operations, a company purchased a large piece of property that seemed suitable for redevelopment. Prior to their purchase, the company went through all the proper due diligence including conducting a Phase I site assessment. Although the Phase I did not note any known contamination […]

Source: Great American Environmental Division, May 2013 During a particularly heavy storm, rain water gathered in a puddle on the roof of an office building. Due to a clogged drain, the water level rose higher than the installed protective flashing and entered the drywall behind office furniture. Over time, mold began to grow in the […]

Source: Great American Environmental Division, May 2013 A manufacturer operated a machine-press to form metal parts for the automotive industry. A portion of the machine-press was located beneath the concrete slab-floor. For more than 20 years, lubricating oil from the machine-press was released into the soils under the building. When the soil was tested during […]

Source: Great American Environmental Division, May 2013 The operator of a small waste water treatment plant was in the process of receiving a bulk shipment of chlorine bleach used in the treatment process at the facility. Unfortunately, the valve connecting the hose to the tank was not secure. Before the vendor and operator realized what […]