RT ECP News Center

April 26, 2013

Developer liable to clean up pre-existing contamination for failing to exercise “appropriate care”

Source: http://www.lexology.com, April 10, 2013 By: Honigman Miller Schwartz and Cohn LLP A buyer of contaminated property was held to have lost its ability to claim to be a non-liable “bona fide prospective purchaser” under CERCLA because it failed to act appropriately with respect to hazardous substances it found on the site. As a result, […]

April 26, 2013

The Elusive "Pollution" Definition in the CGL Policy

Source: http://www.irmi.com, March 2013 By: Mark M. Bell, Waller Lansden Dortch & Davis LLP Over the years, the pollution exclusion in commercial general liability (CGL) policies has provided something of a moving target for insureds, insurers, and underwriters. CGL coverage for pollution-related losses has seen significant changes over the past 40 years. These changes have […]

April 26, 2013

Asarco: Cemex caused pollution

Source: El Paso Times, April 25, 2013 By: Diana Washington Valdez Asarco alleges in a federal lawsuit that two Cemex units are responsible for lead and arsenic contamination found in or near the International Boundary and Water Commission site in West El Paso, and is asking the court to order Cemex to share in the […]

April 25, 2013

Do Bacteria and Other Living Things Qualify as "Pollution" Under Insurance Policies?

Source: Becker’s Hospital Review, April 24, 2013 Hospitals and other medical facilities often deal with the outbreak of viral or bacterial infections in the course of their business. Many may not have considered these outbreaks as a form of “pollution,” but depending on the jurisdiction in which they are located, their insurance companies may very […]

April 25, 2013

A Reminder About Pollution Legal Liability Coverage

Source: http://www.natlawreview.com, April 24, 2013 By: Environmental Practice Group, Greenberg Traurig, LLP A recent decision from the federal district court in Pittsburgh highlights the importance of carrying environmental insurance, especially in connection with properties or facilities with an increased potential for environmental legacy liabilities. Many property owners believe that comprehensive general liability (CGL) policies adequately […]

April 25, 2013

Ford property pollution spreads, expert says

Source: The Macomb Daily, April 23, 2013 By: Frank DeFrank Groundwater contamination near the site of a closed Ford plant in Shelby Township is more widespread than initially believed, and cleanup of the site could cost as much as $150 million, a chemical expert said. The situation could pose a health threat to residents in […]

April 25, 2013

Pollution Settlement Reached in TX

Read here about a $1 million settlement over pollution allegations that has been reached in Texas.  

April 24, 2013

Fracking for Natural Gas Fuels Health Worries

Source: http://womensenews.org, April 22, 2013 By: Molly M. Ginty The boom in hydraulic fracturing for natural gas raises medical worries for a number of female health activists and researchers. “We need comprehensive studies to assess long-term problems,” says public health professor Madelon Finkel. Creeping over the darkened hills of Concord Township, Ohio, past oak and […]

April 24, 2013

ACE Expands Liability Coverage

Source: http://finance.yahoo.com, March 22, 2013 The U.S.-based retail operations of ACE Limited (ACE), ACE USA has introduced a Foreign Casualty Pollution Liability coverage endorsement. ACE came up with this coverage option to provide insurance and risk management solutions to the globally operating mid-sized and large-scale multinational companies located in the U.S.A. The new insurance option […]

April 24, 2013

Legislators Trying to Temporarily Stall California Fracking

Source: http://www.lawyersandsettlements.com, April 21, 2013 By: Gordon Gibb A California fracking lawsuit initiated at the beginning of the year seeks enforcement of existing California laws that require oversight of an increasingly controversial method of oil and gas extraction. The lawsuit, filed January 24 in Alameda County Superior Court, suggests the required oversight is not happening […]

April 24, 2013

Excavation work that uncovers hazardous materials triggers insurance coverage

Source: http://www.lexology.com, April 12, 2013 By: David Erickson and Mark Anstoetter, Shook Hardy & Bacon LLP A federal court in New York has held that uncovering buried hazardous substances during excavation constitutes a “sudden and accidental” release thus triggering insurance coverage. Narragansett Elec. Co. v. Am. Home Assurance Co., No. 11-CV-8299, (S.D.N.Y. 4/1/13). At issue […]

April 24, 2013

EPA settles with Wis. utilities on coal plant air pollution

Source: http://www.jsonline.com, April 22, 2013 By: Thomas Content Wisconsin utilities are spending $1.2 billion to clean up aging coal-fired power plants and shutting down older plants under a settlement announced Monday with federal environmental regulators. Under the settlement, filed in federal court in Madison on Earth Day, the utilities will be assessed a civil penalty […]

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