RT ECP News Center

October 18, 2012

BIM USAGE REACHES 74 PERCENT AMONG CONTRACTORS

Source: http://www.abc.org, October 17, 2012 At an Oct. 11 national meeting of the BIMForum in Tacoma, Wash., McGraw-Hill Construction presented new research showing that 74 percent of contractors are now using Building Information Modeling (BIM). The report also showed that BIM usage among architects, engineers, contractors and owners in North America is at 71 percent, […]

October 17, 2012

Determining an occurrence in environmental insurance cases

Source: http://www.lexology.com, October 5, 2012 By: Robert S. Sanoff, Foley Hoag LLP Like a comet which drags a long trail in its wake, large CERCLA cases in federal court often are accompanied by related insurance coverage cases in state court. That is true with the Lower Fox River Superfund Site in Wisconsin. While a firestorm […]

October 17, 2012

Owner’s approval of means and methods may not relieve contractor of liability

Source: http://www.lexology.com, October 11, 2012 By: James Warmoth, Bradley Arant Boult Cummings LLP When faced with a risky means and methods issue—excavating near an existing structure, for example—contractors frequently seek or otherwise receive input (whether they want it or not) from the owner or its on-site representative. In other cases, the contractor may simply take […]

October 15, 2012

EPA fines adhesives maker, which plans move from Bremerton to county

Source: Kitsap Sun (Bremerton, WA), October 12, 2012 Posted on: http://envfpn.advisen.com Adhesives maker Westech Aerosol Corp., just fined $30,000 by the U.S. Environmental Protection Agency, might be looking to leave Bremerton. “I think they’re going to move somewhere in the not-too-distant future to a relatively nearby location in a business-friendly community,” spokesman Ray Foster said. […]

October 15, 2012

Farm bureaus joining lawsuit

Read here about a ruling that will allow farm bureaus to join a chicken grower’s lawsuit against the EPA.

October 15, 2012

New EPA Findings Test Fracking Site

Source: Dow Jones News Service, October 11, 2012 Posted on: http://envfpn.advisen.com New tests of water surrounding natural-gas-drilling sites near Pavillion, Wyo., have turned up results that are ” generally consistent” with earlier findings showing a link between contamination and hydraulic fracturing, the Environmental Protection Agency said Wednesday. The EPA’s announcement could be a blow to […]

October 15, 2012

Landmark ruling by New Jersey Supreme Court raises NJDEP’s burden of proof in establishing Spill Act liability

Source: http://www.lexology.com, October 3, 2012 By: Kevin J. Bruno, Frank A. Dante and Louis Abrams, Blank Rome LLP On September, 26, 2012, in perhaps the most significant New Jersey environmental decision in the last thirty years, the New Jersey Supreme Court in New Jersey Department of Environmental Protection v. Dimant (A-2-11) (067933) dealt a major […]

October 15, 2012

CERCLA and original sin — who has to pay for other people's contamination

Source: http://www.lexology.com, September 27, 2012 By: Robert S. Sanoff, Foley Hoag LLP In an environmental dispute between innocents involving a Church and a downgradient property owner, a federal court recently found the Church, although without original sin, was less innocent and should bear all the costs of the cleanup, even the costs of cleaning up […]

October 15, 2012

Hog farm offered deal re: fish kill

Read here about an Indiana hog farm that has been offered a deal relating to fish kill.

October 15, 2012

Perdue Lawsuit In MD

Read here about a lawsuit in Maryland claiming pollution of a river by Perdue.

October 12, 2012

The Next New Thing: Coverage Issues from Fracking Claims

Source: http://www.mynewmarkets.com, October 10, 2012 By: Brian S. Martin Every few years it seems that there are predictions of a new type of claim that threatens to engulf carriers. In the 1980s and 1990s it was environmental clean up claims and SuperFund, followed shortly by asbestos, the fear of Y2K claims, MTBE and any number […]

October 12, 2012

New Mexico Supreme Court finds “sudden and accidental” exception to pollution exclusion allows coverage of gradual but unexpected and unintended releases

Source: http://www.lexology.com, October 4, 2012 By: Orrick Herrington & Sutcliff LLP In United Nuclear Corp. v. Allstate Ins. Co., Docket No. 32,939 (N.M. S. Ct., Aug. 23, 2012), New Mexico’s highest court concluded that the “sudden and accidental” exception to the qualified pollution exclusion provides coverage for “unexpected and unintended” releases of pollutants, and does […]

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