RT ECP: Articles

April 3, 2020

Mitigating Design-Build Risks

Design-build has become a growing phenomenon within the commercial building industry. According to the Design Build Industry of  America (DBIA), “over half of owners have already or will use design-build in the next five years.” This represents approximately 44% of the construction spending expected to take place in the nonresidential, highway/street and water/ wastewater marketplace […]

April 2, 2020

Citgo ruled liable for millions in Delaware River cleanup costs from 2004 oil spill

Citgo, the former owner of a Philadelphia-area asphalt refinery, is liable for millions of dollars in cleanup costs stemming from a Delaware River oil spill in 2004, the U.S. Supreme Court ruled this week. The spill was caused when a tanker approaching the Citgo refinery dock in Paulsboro, New Jersey, struck a submerged anchor. The […]

April 1, 2020

Judge dismisses Chemours lawsuit against DuPont

A Delaware judge has granted the DuPont Co.’s request to dismiss a lawsuit alleging that it massively downplayed the cost of environmental liabilities imposed on spinoff company Chemours. Vice Chancellor Sam Glasscock III ruled Monday that he has no jurisdiction to hear the case because the separation agreement between the companies clearly states that all […]

April 1, 2020

Chemours Claims Against DuPont Over Environmental Liabilities Left to Arbitration

A Delaware judge has granted the DuPont Co.’s request to dismiss a lawsuit alleging that it massively downplayed the cost of environmental liabilities imposed on spinoff company Chemours. Vice Chancellor Sam Glasscock III ruled Monday that he has no jurisdiction to hear the case because the separation agreement between the companies clearly states that all […]

March 31, 2020

Is COVID-19 a Covered Pollution Exposure? What to Look for in Your Policy Language

As we grapple with the human and personal effects of COVID-19, the pandemic is forcing companies to closely examine their corporate insurance programs to determine where, if at all, coverage can provide some relief to the economic losses that COVID-19 will cause.   One of the best places to start is by reviewing your pollution legal liability (PLL) policies, which may have been placed recently, or as long as 10 years ago, but which may provide coverage for some elements […]

March 31, 2020

Workers’ Comp Premiums Could Skyrocket With Covid-19 Claims

Health-care workers and emergency responders will benefit from rules eased in some states around workers’ compensation that will allow them to collect benefits if they can prove they caught Covid-19 on the job. Some say essential workers like grocery store employees and delivery workers also should qualify. But employers need to be aware of the […]

March 31, 2020

Kalispel Tribe files $21 million claim against U.S., companies for firefighting foam contamination

The Kalispel Tribe joined multiple other jurisdictions across the country Monday, filing a major lawsuit over water contamination due to cancer-causing chemicals in firefighting foam. The tribe and Northern Quest Casino are plaintiffs in the claim, filed in federal court. They list damages of $21 million. Read more.…

March 31, 2020

Citgo Must Pay $143M for a Delaware River Oil Spill, Supreme Court Orders

A case that has bounced around the lower courts for 13 years was finally settled yesterday when the U.S. Supreme Court upheld a lower court decision, finding oil giant Citgo liable for a clean up of a 2004 oil spill in the Delaware River, according to Reuters. The spill stemmed from a collision that the Athos […]

March 26, 2020

Virus Rules Let Construction Workers Keep Building Luxury Towers

The laborers, deemed “essential” by New York, work side by side, often sharing portable toilets that rarely have soap or hand sanitizer. On the Upper East Side of Manhattan, where, like most New Yorkers, residents are largely staying home as the city reels from the coronavirus pandemic, construction workers building a luxury condominium tower are […]

March 26, 2020

Many Liability Insurance Policies May Provide Coverage for Losses from Coronavirus

As the Coronavirus losses mount, a burning question for many businesses concerns the insurance coverage available to ease these losses. Insurance companies can be expected to push back, disclaim coverage and point to exclusions. But coverage exists for various forms of loss from this pandemic. A review of typical insurance policies held by businesses shows […]

March 26, 2020

Port nears deal on bulk oil cleanup

The Port of Astoria is nearing the settlement of a multidecade argument on how to clean up historical petroleum contamination along the central waterfront. The Port Commission will likely vote at its next meeting to accept a $2.9 million settlement with McCall Oil & Chemical Corp. and ExxonMobil. The other option is to take the […]

March 25, 2020

Environmental Considerations: Identifying Risks and Protecting Assets in Turbulent Times

We are all currently experiencing turbulent economic conditions and uncertainties that may last for the foreseeable future. In light of this uncertainty, we remind property owners, lenders, and managers, as well as landlords and tenants, to identify both potential environmental risks and valuable environmental assets associated with a property or tenant.  Identifying these potential liabilities […]

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