Source: http://www.lexology.com, August 4, 2015 By: Kevin M. Hogan, Phillips Lytle LLP Anyone who buys or sells potentially contaminated real estate should negotiate contract terms to allocate the risk of an environmental cleanup, which can be a significant post-closing cost. Contractual indemnity has long been one of the chief mechanisms to allocate environmental liabilities between […]

Source: http://vtdigger.org, August 3, 2015 By: Jess Wisloski A small group of artists and residents met with city leaders last week to learn more about the challenges of developing contaminated sites along the Pine Street corridor. Part of the city’s PlanBTV South End revitalization calls for rezoning and new construction in areas known as brownfields, […]

Source: http://www.chicagotribune.com, July 27, 2015 By: Teresa Augh Schultz Gary/Chicago International Airport’s insurance provider wants off the hook for paying for the airport’s defense against a case with the Indiana Department of Environmental Management. Old Republic Insurance filed a lawsuit against the airport’s authority on Friday in U.S. District Court in Hammond asking that the […]

Source: http://www.spokesman.com, August 3, 2015 By: Nicholas Deshais The city of Spokane has filed a lawsuit against the international agrochemical giant Monsanto, alleging that the company sold chemicals for decades that it knew were a danger to human and environmental health. The lawsuit, which does not specifically state what the city is seeking in monetary damages, […]

Source: http://www.theolympian.com, July 30, 2015 By: Andy Hobbs Cleanup has resumed at the former Olympia Dry Cleaners site in an effort to remove decades’ worth of pollution. Starting Aug. 3, the state Department of Ecology will remove nearly 400 tons of contaminated soil at 606 Union Ave. SE. The property’s current tenant, Howard’s Prestige Cleaners, […]

Source: http://www.pressofatlanticcity.com, August 2, 2015 By: Thomas Barlas The city is dealing with its third significant environmental issue in three years, and the latest problem may pose hazards for one of Cumberland County’s major rivers. All three incidents are related, in that they involve contaminants that seeped into the ground at production sites over significant […]

Source: http://www.mondaq.com, July 31, 2015 By: Erin L. Webb, Dickstein Shapiro LLP Many companies face pollution risks, either through liability to other parties or due to property contamination. Insurance policies can be an important asset to protect the company against these types of liabilities. These policies can provide coverage for the costs of cleanup efforts, […]

Source: http://www.nbcnewyork.com, July 29, 2015 by: Ray Villeda and Brynn Gingras Nearly three dozen cases of Legionnaires’ disease, a severe, often lethal, form of pneumonia spread through the air, have been reported in the Bronx over the last two weeks in what the Health Department is calling a concerning “unusual increase” in cases. Thirty-one cases […]

Source: http://www.lexology.com, July 29, 2015 By: Matthew J. DeVries, Burr & Forman LLP There are multiple types of insurance coverage for the various risks on a construction project.  However, when there are multiple insurance carriers covering the same risk (i.e., general liability, builder’s risk, workers’ compensation, professional liability) over different periods of time, there may […]

Source: Morning Call (Allentown, PA, July 29, 2015 Posted on: http://envfpn.advisen.com Allentown-based Talen Energy has reached a $1.3 million settlement with state regulators over the natural resources damage caused by a August 2005 fly ash spill at its Martins Creek Steam Electric Station in Lower Mount Bethel Township. The proposed settlement is up for public […]

Source: http://www.abc6onyourside.com, July 27, 2015 by: Elizabeth Faugl Families are questioning an Ohio construction company after discovering construction mistakes and a moldy mess. For decades a home has stood as a prized possession but behind the stucco of a Hilliard home is a dark problem. Mold and rotting wood was so widespread the Adams family […]

Source: http://www.natlawreview.com, July 24, 2015 By: Larry P. Schiffer I have run across a number of interesting situations involving owner controlled or contractor controlled insurance programs (“OCIP” or “CCIP”) that have developed into actual coverage disputes or potential disputes (can’t talk about the potential one!). For those who don’t know, an owner controlled or contractor […]