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 – […]

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 […]

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 […]

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 […]

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. […]

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 […]

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, […]

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 […]

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 […]

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 […]

Source: Watertown Daily Times (NY), March 23, 2015 Posted on: http://envfpn.advisen.com Contaminants most likely dumped from the former New York Air Brake site off Starbuck Avenue decades ago were found and still linger in a small section of Kelsey Creek along the north bank near the North Watertown Cemetery. An environmental consultant, Aecom Technical Services […]

Source: Los Angeles Times, March 21, 2015 Posted on: http://envfpn.advisen.com The deal federal prosecutors struck with Exide Technologies this month to permanently close its battery recycling plant in Vernon and avoid criminal charges marks the beginning of a long and costly cleanup. The plant leaves behind decades’ worth of pollution and hazardous waste, along with […]