RT ECP: Articles

June 26, 2015

Changes afoot for state contamination cleanup requirements

Source: http://www.lexology.com, June 23, 2015 By: Daniel H. Thompson, Berger Singerman LLP The existence of groundwater or soil contamination on commercial property is common in Florida and often can throw a monkey wrench into a commercial real estate transaction.   The Florida Department of Environmental Protection (“FDEP”) has two rules, Chapters 62-777 and 62-780, Florida Administrative […]

June 18, 2015

NYSEG begins contamination cleanup at former manufactured gas plant on Clark Street

Source: http://auburnpub.com, June 17, 2015 A recently-launched NYSEG project will clean contamination from a manufactured gas plant at 211 Clark St. in Auburn that was shut down in 1946. The plant was used by NYSEG and its predecessor companies from 1901 to 1946. Gas for heating homes and businesses was manufactured by heating coal inside […]

June 18, 2015

Airport authority files federal claim against Hawker Beechcraft for Schilling cleanup

Source: Salina Journal (KS), June 17, 2015 Posted on: http://envfpn.advisen.com Salina Airport Authority board members approved filing a $2 million claim against a former tenant, Hawker Beechcraft, for its part in the contamination of the former Schilling Air Force Base. Hawker has filed for Chapter 11 bankruptcy protection and is willing to stipulate to that […]

June 18, 2015

Court tosses Pope Resources' suit over Port Gamble mill cleanup

Source: Kitsap Sun (Bremerton, WA) Posted on: http://envfpn.advisen.com A judge tossed out a lawsuit that would have forced the state to share the cost of cleaning pollution from Port Gamble’s former mill. Kitsap County Superior Court Judge Anna Laurie ruled last week that the state Department of Natural Resources is not liable for pollution caused […]

June 18, 2015

DEP seeking $8.9 million fine from Range Resources

Source: Pittsburgh Tribune-Review, June 17, 2015 Posted on: http://envfpn.advisen.com Pennsylvania environmental regulators are seeking a record $8.9 million fine against Range Resources Corp. because, they say, the shale gas producer failed to fix a Lycoming County well that is leaking methane and other pollutants into groundwater. Fort Worth-based Range says tests show methane was in […]

June 17, 2015

Where not specifically listed as a pollutant, lead paint does not invoke pollution exclusion

Source: http://www.lexology.com, May 20, 2015 By: Amy B. Briggs, Donna M. Carlton, Christine Spinella Davis, David B. Killalea, Stephen T. Raptis and Robert H. Shulman, Manatt Phelps & Phillips LLP Why it matters: Do personal injuries resulting from lead-based paint fall under a pollution exclusion in a commercial general liability policy? According to a decision from […]

June 16, 2015

Who owes what to whom? Liability and alternative project delivery

Source: http://www.lexology.com, June 12, 2015 By: Laura J. Stipanowich, Smith Currie & Hancock Alternative project delivery methods, such as design-build, are increasingly prevalent in the modern construction industry. Occasionally, the design-build team consists of a constructor that, pursuant to a prime contract with the project owner, is the “single point of responsibility” for both design […]

June 15, 2015

Officials: Cost to clean oiled Santa Barbara beaches exceeds $60 million

Source: Los Angeles Times, June 11, 2015 http://fpn.advisen.com Cleaning up the thousands of gallons of crude oil that fouled Refugio State Beach on May 19 has cost more than $60 million, officials said Wednesday, and the figure is expected to grow as the cleanup continues. Cleanup costs hit a peak of about $3 million per […]

June 11, 2015

State finds groundwater contamination near ILM plant, orders Duke to take action

Source: http://www.wect.com, June 9, 2015 State officials are ordering Duke Energy to stop the continued spread of coal ash contamination in the groundwater near its Sutton Steam Plant in Wilmington. Duke Energy received a notice of regulatory requirement Tuesday after recent tests showed high levels of boron in monitoring wells and three water-supply wells about […]

June 11, 2015

Duty to defend in Florida extends to potentially excluded claims

Source: http://www.lexology.com, June 10, 2015 By: Hunton & Williams LLP The United States District Court of the Southern District of Florida in National Union Fire Ins. Co. v. Florida Crystals Corp., et al., No. 14-81134-CIV-COHN/VALLE (S.D. Fla. May 11, 2015) denied an insurer’s motion for summary judgment that it had no duty to defend an […]

June 11, 2015

Honeywell agrees to settle chromium suit for $10M

Source: Jersey Journal (NJ), June 10, 2015 Posted on: http://envfpn.advisen.com Residents in the southwest section of Jersey City who filed a class-action lawsuit against Honeywell over chromium contamination on their properties would receive roughly $2,000 each in a $10 million settlement. Honeywell will put $10 million into a pool for homeowners who participate in the […]

June 9, 2015

Enbridge to pay additional $4 million settlement for Kalamazoo River oil spill

Source: http://www.mlive.com, June 9, 2015 By: Alex Mitchell Enbridge Energy will pay an additional $4 million to fund multiple restoration projects along the Kalamazoo River as part of a “natural resource damage” settlement the company reached with tribal, state and federal officials over the 2010 oil spill that sent 800,000 gallons of oil into the Talmadge Creek and Kalamazoo […]

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