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 […]

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 […]

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

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

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 […]

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 […]

Source: http://www.lexology.com, October 3, 2012 By: William C. Wagner, Taft Stettinius & Hollister LLP An environmental contamination case set for trial based on liability under the Resource Conservation and Recovery Act (“RCRA”) for “passive inaction and studied indifference” recently settled, but the court filings provide a valuable lesson to property owners to address contamination promptly […]

Source: http://www.lexology.com, October 5, 2012 By: Brian Margolies, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Doe Run Resources Corp. v. Lexington Ins. Co., 2012 U.S. Dist. LEXIS 140981 (E.D. Mo. Sept. 28, 2012), the United States District Court for the Eastern District of Missouri had occasion to consider whether the total […]

Source: http://www.lexology.com, October 3, 2012 By: Latham & Watkins LLP In a unanimous opinion, the New Jersey Supreme Court held that liability for damages under the New Jersey Spill Compensation and Control Act (Spill Act) requires evidence of a reasonable link between the discharge, the discharger, the contamination and the relief sought by the plaintiff.1 […]

Source: http://www.lexology.com, October 4, 2012 By: Gerard M. Giordano, Cole Schotz Meisel Forman & Leonard PA New Jersey property buyers need to be aware of liability for existing contamination as a result of failing to do an appropriate environmental investigation prior to purchasing. The recent case State Farm Fire and Cas. Co. v. Timothy Shea, […]

  A new broker partner had previously placed coverage with an established environmental carrier for GL/Pollution/Professional and Excess on an environmental contractor. The carrier was non-renewing due to the class of business. Our partner broker asked if New Day could market the renewal on their behalf even though there was only two weeks before the […]

Source: http://www.fox43.com, October 1, 2012 The owners of 73 mobile home park communities, which house thousands of residents, have agreed to pay a $1,339,000 penalty to resolve allegations that they violated federal and state environmental laws and regulations concerning the treatment of sewage and drinking water. The settlement agreement was filed in federal court on […]