Source: Mondaq Business Briefing, January 22, 2013 Posted on: http://envfpn.advisen.com We have previously looked at the question of whether rock debris flying through the air could be considered a “contaminant” having an “adverse effect” on the environment. The Ontario Court of Appeal has said “yes” and the Supreme Court of Canada will hear that appeal […]

Source: The Landmark, January 24, 2013 By: Phyllis Booth Princeton has joined other Massachusetts school districts in a class action lawsuit involving PCBs in school buildings. Princeton’s involvement in the suit concerns the PCBs at Thomas Prince School. At their Jan. 14 meeting, selectmen voted to authorize Town Administrator John Lebeaux to engage the New […]

Source: NJ Spotlight, January 23, 2013 By: Tom Johnson A controversial measure to redefine hazardous waste is being opposed by environmentalists and business groups Getting dragged into one of the most contentious pollution cleanup cases in New Jersey history is costing dozens of municipalities millions in legal fees, with no end in sight. The Legislature […]

Source: http://www.equities.com, January 22, 2013 Specialized policy – unique in the industry – supports the US brownfield redevelopment community Beazley plc (BEZ.L) has expanded its environmental products offering with the launch of an Environmental Cleanup Costs insurance policy that provides coverage for cost overruns for remediation of known conditions at covered locations. The product, written […]

Source: http://www.njbiz.com, January 21, 2013 By: Jared Kaltwasser Don’t exempt public entities, opponents say A years-old legal fight over pollution in the lower Passaic River could lead to significant changes in the way the state enforces its 30-year-old Spill Compensation and Control Act. At issue is whether publicly owned sewer systems, wastewater treatment plants and […]

Source: http://www.lexology.com, December 31, 2012 By: Brian S. Scarbrough and Jan A. Larson In Scottsdale Insurance Co. v. Morrow Land Valley Co., No. 11-905 (Ark. May 31, 2012), the Arkansas Supreme Court held that an insurance policy’s pollution exclusion was fairly susceptible to more than one reasonable interpretation, and thus was ambiguous under Arkansas law. […]

Source: http://www.lexology.com, December 31, 2012 By: Brian S. Scarbrough and Jan A. Larson, Jenner & Block In State Automobile Insurance Co. v. DMY Realty Co., LLP,977 N.E.2d 411 (Ind. Ct. App. Oct. 23, 2012) (No. 49A05-1109-PL-486), the Indiana Court of Appeals relied on a number of other recent Indiana Supreme Court cases in finding an […]

Source: Law360, January 18, 2013 By: Sean McLernon A Texas federal judge on Thursday shot down Noble Energy Inc.’s request to remove fellow defendant ConocoPhillips Co. from a suit brought by two insurance companies seeking to avoid paying settlement costs in an underlying oil contamination lawsuit, ruling that Noble cannot independently seek dismissal for ConocoPhillips. […]

Source: Law360, January 18, 2013 By: Juan Carlos Rodriguez A federal bankruptcy judge on Thursday approved a settlement between Eastman Kodak Co. and South Carolina that gives the state only a tiny fraction of the $30 million it had sought for cleanup costs at a former chemical company site. The $42,000 settlement comes after the […]

Source: Law360, January 18, 2013 By: Daniel Wilson The U.S. Department of the Interior announced Friday that it would delay a rule designed to tighten standards on the use of chemicals in hydraulic fracturing on public lands, amid widespread criticism over the proposed regulation from both industry and environmental groups. According to the Bureau of […]

Source: http://www.lexology.com, January 16, 2013 By: Elizabeth Hamrick, Katherine J. Henry, Sid J. Trant and S. Revelle Gwyn, Bradley Arant Boult Cummings LLP In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site anywhere in the country, the Alabama Supreme Court has followed the majority […]

Residents used a public meeting Thursday night to criticize a plan to remove a layer of contaminated soil from the Passaic River and place a cap over the rest, saying it doesn’t do enough to address decades of pollution and the constant threat of tainted water flooding homes in extreme weather. “I want to be […]