RT ECP: Articles

March 16, 2020

Montana Supreme Court: BNSF Shares Liability For Libby Asbestos Contamination

The Montana Supreme Court ruled largely in favor of roughly 1,200 plaintiffs Wednesday that say BNSF railway should be held liable for its part in contaminating Libby with asbestos. But, the court didn’t outline exactly what activities the railway could be held liable for, and to what extent. The Supreme Court found that federal regulations […]

March 13, 2020

Hundreds pursue lawsuit against Union Pacific over rail yard contamination, cancer cluster in Houston

Hundreds of residents are now plaintiffs in a mass case against Union Pacific alleging damages caused by legacy rail yard contamination in a north Houston neighborhood where higher rates of cancer were identified, said two local law firms. The Gibson Law Firm, of Houston, and the Voss Law Firm, of The Woodlands, are representing about […]

March 13, 2020

Lloyd’s Off The Hook At 2nd Circ. For Olin Pollution Deal

The Second Circuit ruled Thursday that Lloyd’s of London does not need to cover Olin Corp. for remediation costs stemming from a 2009 settlement of suits over groundwater contamination from a California plant, saying the settlement agreement’s terms as written preclude excess coverage. In an order affirming a decision from the Southern District of New York, […]

March 12, 2020

Pentagon Estimates $3 Billion ‘Forever Chemicals’ Cleanup Cost

The cost to clean up a family of toxic “forever chemicals” that have polluted military bases across the country is expected to increase to at least $3 billion, a Defense Department official told House lawmakers today. The estimate for cleaning up chemicals such as perfluorinated carboxylic acid, or PFAS, used in firefighting foam is expected […]

March 11, 2020

Delaware officials ask Air Force brass to address contamination of wells near US base

Delaware’s congressional delegation is asking the Secretary of the Air Force to visit Dover Air Force Base to address concerns about elevated levels of chemical contaminants in wells near the military installation. State environmental regulators were recently notified by base officials that two more wells near the base may have levels of perfluorooctane sulfonate, or […]

March 10, 2020

Wis. Property Owners Sue SPX Again Over Chemical Cleanup

A pair of Wisconsin property owners have sued SPX Corp. and others over allegations that materials contaminated with polychlorinated biphenyls were buried instead of being sent to a specially designated landfill after a facility was demolished at an SPX-owned site. Property owners William and Nancy Liebhart asked a Wisconsin federal court Friday to force SPX and two […]

March 9, 2020

Coronavirus and Force Majeure Contract Clauses

It’s been a month since the Department of Health and Human Services (HHS) – declared a public health emergency due to the continued spread of COVID-19 (Coronavirus). News over this past weekend that several people in the United States are infected despite having no known connection to previous cases, so called “community spread,” is beginning to have […]

March 5, 2020

Jury splits verdicts in PFAS cases: one couple gets $50M, the other nothing

A jury in a U.S. District Court in Columbus awarded $50 million Monday to a man who suffered two bouts of testicular cancer, along with his wife, after he spent years drinking water contaminated with forever chemicals. Attorneys were seeking $105 million for Travis Abbott and $15 million for his wife, Julie, of Pomeroy, Meigs […]

March 5, 2020

The “Forever” Chemicals: Per-/Polyfluoro Alkyl Substances (PFAS)

Perhaps your morning ritual includes reaching for a nonstick pan to prevent your perfectly runny sunny-side-up eggs from becoming a scramble. But what is the magic that prevents foods from sticking to nonstick pans? The answer: per-/polyfluoro alkyl substances or PFAS. What are PFAS? PFAS are a diverse group of ~4,700 unique synthetic chemicals, the […]

March 5, 2020

UMKC decides to demolish apartment building with extensive water damage, mold

Charlie Parker stood at the edge of the pond, his fishing rod in hand. He cast his lure into the air, landing it about 30 feet away in the dark water. His fishing rod made a clicking sound as he reeled the lure back to shore. If he catches a fish, he’ll have to throw […]

March 4, 2020

`Forever Chemicals’ Cleanup Cost to Air Force Nears $500 Million

The Air Force says it’s spent almost $500 million on cleaning up a family of toxic “forever chemicals” that have polluted bases across the country. Senators pointed to mixed results in some communities. The cost for clearing chemicals such as perfluorinated carboxylic acid, or PFAS, used in firefighting foam was cited by Air Force Secretary […]

March 4, 2020

Calif. Superfund Cleanup Claim Not Time-Barred, 9th Circ. Told

A massive group of health care, chemical and defense companies urged the Ninth Circuit on Tuesday to revive their recovery claim against a slew of other companies over costs associated with the cleanup of long-accumulated contamination at a California Superfund site, arguing that their claim isn’t time-barred. During oral arguments, E. Joshua Rosenkranz of Orrick Herrington […]

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