RT ECP: Articles

April 8, 2015

Fracking waste stirs controversy in Athens

Source: Columbus Dispatch (OH), April 5, 2015 Posted on: http://envfpn.advisen.com The tractor-trailers arrive at a steady pace, turning off Rt. 50 and climbing a hill to a collection of tall, green metal tanks. The trucks haul long, white tanks that are bare except for a number that identifies their company and one word that has […]

April 8, 2015

PG&E could be on hook for decades-old pollution

Source: San Francisco Chronicle, April 6, 2015 Posted on: http://envfpn.advisen.com A century ago, Pacific Gas and Electric Co. generated gas for San Francisco customers from coal and oil plants in the Marina and Fisherman’s Wharf neighborhoods that deposited their waste into the ground and in waters that flowed to the bay. Five years ago, Marina […]

April 8, 2015

Construction defect claims and the Economic Loss Doctrine clarified by Ohio's second district court of appeals

Source: http://www.lexology.com, March 25, 2015 By: James T. Dixon, Brouse McDowell The Ohio Appellate Court in Dayton recently issued a reminder as to how an important legal doctrine can make it difficult for parties harmed by sub-standard construction work to recover from the responsible party. That doctrine – known as the Economic Loss Doctrine – […]

April 2, 2015

NH residents concerned after possible exposure to toxic levels of contaminated well water

Source: http://www.myfoxboston.com, March 31, 2015 Thousands of New Hampshire residents may have been exposed to toxic levels of chemicals from contaminated well water. The water served the Pease International Tradeport and former Air Force base, which is now a Superfund site after the EPA officials said they found levels of perfluorochemicals, or PFCs, in the […]

April 1, 2015

Officials announce 'consensus agreement' on Raymark cleanup

Source: http://www.ctpost.com, March 31, 2015 By: John Burgeson and Keila Torres Ocasio Federal officials on Monday made a more than $100 million commitment to clean up the contaminated soil that is the centurylong legacy of the Raybestos company. The consensus agreement on a “comprehensive cleanup” of the Raymark Superfund site in Stratford was more than a […]

March 31, 2015

Ameren settles lawsuit over contamination near St. Charles water wells

Source: St. Louis Post-Dispatch (MO), March 27, 2015 Posted on: http://envfpn.advisen.com Ameren Missouri has joined a group of companies that are keeping chemicals from polluting St. Charles’ drinking water wells. The utility settled a lawsuit last month with several companies in charge of cleaning up contamination at the nearby Hayford Bridge Road Superfund site. Those […]

March 30, 2015

Federal court in Texas holds “your work” exclusion bars coverage for construction defects to home

Source: http://www.lexology.com, March 27, 2015 By: George B. Hall, Jr., Phelps Dunbar LLP A federal court in Texas held that the “your work” exclusion is unambiguous and enforceable, barring a homeowner from collecting under a contractor’s policy a judgment against the contractor for completed work. Feaster v. Mid-Continent Casualty Co., No. 2015 WL 164041, (S.D. Tex. […]

March 30, 2015

Florida federal court rejects insurer’s attempt to avoid indemnity for damage caused by construction defects

Source: http://www.lexology.com, March 26, 2015 By: Hunton & Williams LLP In a case of significance to property owners, contractors and real estate developers alike, a federal court in Florida recently rejected an insurer’s attempt to avoid coverage for $23 million of damage caused by defective work, finding that the policyholder’s claim raised several genuine issues […]

March 27, 2015

Down in the Dumps: Court Refuses to Apply Pollution Exclusion in Landfill Seepage Case

Source: http://www.jdsupra.com, March 26, 2015 By: Stephen Bagge, Carlton Fields Jorden Burt Claims involving potential coverage for pollution liability pose unique challenges for insurers. In many cases, the polluting activity occurred decades ago and over a large span of time, with only a fraction of the activity occurring during the policy period. As a result, […]

March 27, 2015

Fracking on federal land a failure

Source: http://www.timesunion.com, March 25, 2015 By: Heather Leibowitz Even though fracking has been banned in New York, fracking on federal public lands is still allowed. Fracking is an inherently risky, dirty and dangerous practice. From the very beginning of clearing a site for drilling, through extraction, transport and delivery of finished products, fracking poses significant […]

March 25, 2015

San Diego’s New Lawsuit Shows Just How Hard It Is To Hold Polluters Accountable

Source: http://thinkprogress.org, March 25, 2015 By: Natasha Geiling In a 1970 internal memo, agrochemical giant Monsanto alerted its development committee to a problem: Polychlorinated Biphenyls — known as PCBs — had been shown to be a highly toxic pollutant. PCBs — sold under the common name Aroclor — were also huge business, raking in some […]

March 24, 2015

Hexavalent Chromium

Source: http://jespear.com By: Jerome E. Spear, CSP, CIH Feasible Engineering Controls for Welding Operations OSHA requires exposures to hexavalent chromium (Cr[VI]) above the permissible exposure limit (PEL) of 5 micrograms per cubic meter (μg/m3) to be reduced using feasible engineering controls, which is consistent with other substance-specific standards and good industrial hygiene practice. If feasible […]

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