RT ECP: Articles

July 6, 2015

Secrecy over fracking chemicals clouds environmental risks, advocates say

Source: http://www.theguardian.com, July 5, 2015 By: Rose Hackman Despite a report that links practice to contaminated drinking water, list of more than 1,076 chemicals used during fracking process remains unknown to public The fracking industry must be compelled to provide far more detailed information to regulators if the public is to be accurately informed of […]

July 2, 2015

DuPont Transfers Pollution Liabilities for 171 Sites to New Company Chemours

Source: http://www.insurancejournal.com, July 2, 2015 By: Tiffany Kary and Jack Kaskey When DuPont Co. announced plans to spin off its major chemical operations in October 2013, it said the move would create a cash-generating dynamo with the leading market share in most of its businesses. The spinoff would let DuPont focus on higher-value products such […]

July 2, 2015

Changes to Florida's construction defect notice statute

Source: https://www.lexology.com, June 25, 2015 By: Peter C. Vilmos, Burr & Forman LLP Florida Governor Rick Scott signed a new bill that changes Florida’s construction defect notice statute, effective October 1, 2015. Changes to the Florida statute include: (I) an amendment to section 558.001, revising legislative intent;  (II) an amendment to section 558.002, revising the […]

July 2, 2015

Policy could have averted CMU asbestos problem

Source: Jackson Citizen Patriot (MI), June 21, 2015 Posted on: http://fpn.advisen.com The recent discovery of asbestos in the air at Central Michigan University’s Warriner Hall should serve as a lesson for public institutions across this state about the risk of doing business with contractors who don’t use property trained workers. Contractors began removing asbestos May […]

July 1, 2015

Texas Supreme Court holds that an EPA administrative demand is a “suit”

Source: http://www.lexology.com, June 30, 2015 By: Thomas B. Alleman, Dykema Gossett PLLC On Friday, May 26, 2015, a closely divided Texas Supreme Court issued McGinnes Industrial Maintenance Corp. v. The Phoenix Insurance Co., No. 14-0465, (Tex., June 26, 2015), holding that a demand letter from the EPA to a potentially responsible party (“PRP”) under CERCLA and administrative […]

June 30, 2015

Beyond Ebola: environmental regulatory issues creating business risks for health care providers

Source: http://www.lexology.com, June 25, 2015 By: William J. Walsh, Pepper Hamilton LLP Business and legal risks to health care companies reach far beyond scientific uncertainties in the prevention protocols for infectious diseases due to lack of clarity among regulators with public health responsibilities. THE DILEMMA The host of exposure and risk issues raised by the […]

June 30, 2015

CGL Endorsements and Exclusions Impacting Defective Workmanship

Source: http://www.constructionexec.com, June 29, 2015 By: Eric C. McAllister The vast majority of construction projects are insured through commercial general liability (CGL) policies obtained and maintained by general contractors and their subcontractors. As a means of exercising control over the coverage, many developers include provisions in their prime contracts requiring contractors to maintain the same level of coverage for a […]

June 29, 2015

Looking backward: West Virginia retroactively imposes coverage for faulty workmanship

Source: http://www.lexology.com, June 25, 2015 By: Zachary D. Ludens, Carlton Fields JOrden Burt A notorious moving target in the field of coverage litigation is an insurer’s responsibility under a commercial general liability policy for the policyholder’s faulty workmanship.  The key question is usually whether the defect in workmanship is an “occurrence” within the meaning of a […]

June 29, 2015

The art of managing construction risks

Source: http://www.lexology.com, June 25, 2015 By: Robert C. Epstein, Greenberg Traurig LLP A breakdown of four problem areas Every project owner wants a successful construction project—one that finishes on time, on budget, without defects in design or construction and with minimum conflict among the project parties. To minimize problems and maximize the chances of success, […]

June 26, 2015

Neighbors frustrated by gasoline fumes in homes due to leaky underground storage tank

Source: http://www.kshb.com, June 25, 2015 By: Melissa Yeager Leaky tank first discovered in 2006 Near 31st and Cleveland, Willie Gaston spends his summer days outside his home. He’s periodically had to evacuate and move to a hotel due to a strong smell of gasoline permeating the air inside his home. “It hurts your eyes and just have to […]

June 26, 2015

Appeals Court Backs Claim under State Law in Colorado’s Rocky Flats Case

Source: http://www.insurancejournal.com, June 26, 2015 By: Daniel Wallis A U.S. appeals court has ruled a decades-old pollution case over nuclear weapons production in Colorado should be sent back to the district court that in 2006 ordered companies that ran the facility to pay damages of $353 million. “This long lingering litigation deserves to find resolution […]

June 26, 2015

Settlement in Gulf Power coal ash suit

Source: http://pensacolatoday.com, June 25, 2015 Environmental groups and Gulf Power Corp. have reached a settlement in a legal fight about allegations that harmful pollutants leaked into Northwest Florida’s Apalachicola River from the site of a coal-fired power plant. The groups Apalachicola Riverkeeper, the Southern Alliance for Clean Energy and Waterkeeper Alliance last year filed the […]

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