RT ECP: Articles

July 16, 2015

Understanding contribution and indemnification in multiparty construction defect litigation

Source: http://www.lexology.com, July 14, 2015 By: thomas J. Madigan, Pepper Hamilton LLP This article was originally published in the June 2015 issue of ConsensusDocs Construction Law Newsletter. The scenario is familiar to every contractor and supplier ever dragged into a lawsuit: The owner’s complaint against the general contractor contains a laundry list of problems with […]

July 16, 2015

The “Continuous Trigger” Theory and Construction Defect Actions: Cypress Point Condominium Association v. Selective Way Insurance Co.

Source: http://www.natlawreview.com, July 14, 2015 By: John S. Prisco, Stark & Stark A New Jersey trial court granted summary judgment in favor of Selective Insurance Company holding that the “continuous trigger” theory does not provide insurance coverage subsequent to the manifestation of damages that arose from a subcontractor’s negligence in the construction of a condominium […]

July 14, 2015

Painter: Illegal wastewater dumping continues throughout county

Source: Midland Reporter Telegram (TX), July 13, 2015 Posted on: http://envfpn.advisen.com The illegal dumping of wastewater from oil and gas activity continues to beleaguer law enforcement agencies throughout the Permian Basin. Scofflaw haulers dump truckloads of waste water in remote sites in order to cut costs of proper disposal. Yet despite how directly law enforcement […]

July 13, 2015

Lead Contamination Near Exide Plant May Be Worse Than Previously Thought

Source: http://losangeles.cbslocal.com, July 8, 2015 Lead contamination near the Exide Technologies battery-recycling facility in Vernon could be far worse than previously thought. According to environmental health experts, the contamination goes far beyond areas previously known, reported CBS2’s Randy Paige. Last year, two residential areas within the toxic emissions of the nearby facility were tested and […]

July 13, 2015

Eureka chemical spill cleanup set to begin next month

Source: http://www.times-standard.com, July 11, 2015 By: Will Houston A couple of faulty hose lines was all it took. Now, more than 30 years after hazardous cleaning chemicals from a Eureka dry cleaning business seeped into the soil and groundwater beneath the E Street property near the Henderson Center, a multi-million dollar, multi-agency cleanup effort to […]

July 10, 2015

Contamination found at MGM Springfield casino site

Source: http://www.masslive.com, July 9, 2015 By: Dan Glaun The site of the future MGM Springfield casino is suffering from contamination, according to documents filed with the state Department of Environmental Protection. Nine parcels acquired by Blue Tarp ReDevelopment, MGM Springfield’s property company, are contaminated with reportable levels of hydrocarbons, arsenic or lead, the company told regulators last […]

July 10, 2015

No quick fix for Burlington dirt piles

Source: http://www.burlingtonfreepress.com, July 10, 2015 By: April Burbank For some neighbors, dirty soil has overstayed its welcome in Burlington’s Leddy Park. The massive piles of contaminated soil — left over from construction on the city bike path — were dumped in the parking lot last fall and covered with plastic and tires. At the time, […]

July 9, 2015

Refugio Oil Spill Class Action Lawsuit Filed

Source: http://www.bigclassaction.com, July 8, 2015 An environmental class action lawsuit has been filed on behalf of fishers, fish buyers, and other affected businesses, against Plains All American Pipeline, L.P. (NYSE:PAA) and Plains Pipeline, L.P., stemming from the Refugio State Beach oil spill in Santa Barbara. The lawsuit claims that the Texas-based companies negligently operated the […]

July 9, 2015

Judge rules against DuPont in Ohio exposure case

Source: http://www.delawareonline.com, July 9, 2015 By: Jeff Mordock An Ohio federal judge dealt a blow to DuPont and the fledgling Chemours Co. less than a week after the companies separated. Plaintiffs in a class-action lawsuit against DuPont will not be required to prove their individual level of exposure to a chemical linked to illnesses, the […]

July 8, 2015

Supreme Court of Texas says EPA cleanup directive is a “suit” under commercial general liability insurance policies

Source: http://www.lexology.com, July 6, 2015 By: Hunton & Williams LLP The Supreme Court of Texas has ruled that CERCLA enforcement proceedings brought by the EPA are a “suit” as that term is used in commercial general liability insurance policies. In doing so, Texas joins the majority of other jurisdictions to consider the issue. McGinnes Industrial […]

July 7, 2015

Pasco to clean up polluted sites; $600,000 will help fund project

Source: http://tbo.com, July 4, 2015 By: Laura Kinsler Pasco County has won two federal grants totaling nearly $600,000 to identify and clean up contaminated properties. The Environmental Protection Agency awarded almost $200,000 to remove contaminated soil in Lacoochee that was discovered during construction of the Lewis Abraham Community Center. Melanie Kendrick, Pasco’s “brownfields” program manager, […]

July 6, 2015

DuPont spinoff spurs anxiety over pollution cleanups

Source: http://archive.pnj.com, July 4, 2015 By: Jeff Montgomery and Jeff Mordock Lisa J. Riggiola wasn’t among those cheering DuPont’s official spinoff of the Chemours chemical company this week. Riggiola, a Pompton Lakes, N.J., resident who grew up in the borough and served on its council, worries Chemours could be crippled by the weight of nationwide […]

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