Source: http://www.lexology.com, November 10, 2014 By: Thomas A. Barnard, Taft Stettinius & Hollister LLP A recent ruling by the Indiana Court of Appeals examines liability under Indiana’s Environmental Legal Action statute (“ELA”). The ruling in JDN Properties, Inc. v. VanMeter Enterprises, Inc., 2014 WL 4656543 (Ind. App. Sept. 19, 2014), potentially extends ELA liability to […]

Source: http://patch.com, November 11, 2014 By: Justin Ove Stormwater contaminated with construction site residue seeped into a tributary which feeds Lake Lanier near Bald Ridge Marina Road. Cannon Place, LLC (Cannon Place) has reached a settlement with the U.S. Environmental Protection Agency over alleged stormwater violations at its construction sites along Bald Ridge Marina Road […]

Source: http://www.constructionbusinessowner.com, October 20, 2014 By: Burns Logan Who is ultimately responsible for the consequences? Design and construction services on projects are more integrated now than ever before. As construction and design firms are using BIM software and other resources to improve construction efficiency, that integration is only going to increase. Owners, contractors and designers […]

Source: http://www.aspendailynews.com, November 11, 2014 By: Chad Abraham The sides involved in a construction-defect lawsuit related to building materials used in the first phase of the Burlingame Ranch affordable housing project remain $3 million apart from a settlement, a court filing made Friday says. An attorney representing Burlingame Ranch I’s homeowners association, opposing a defendant […]

Source: http://www.businessinsurance.com, November 11, 2014 By: Bill Kenealy An emphasis on consensus-building between building owners and general contractors is essential when securing builders risk coverage, speakers said at the International Risk Management Institute Inc.’s 34th Construction Risk Conference. Scott Nissen, Houston-based managing director of the construction services group at Aon Risk Solutions, said building owners […]

Source: http://www.newyorklawjournal.com, November 12, 2014 By: Kenneth M. Block and Craig K. Barnet Construction projects are inherently dangerous activities, and the owners of such projects are exposed to a variety of risks that change daily as the project progresses. These risks include injury to the contractor’s employees, injury to third parties, physical damage to the […]

Source: Trenton Times, November 8, 2014 Posted on: http://envfpn.advisen.com The Tullytown landfill, whose noxious odors have long been a source of complaints for Florence residents, may soon find itself at the center of litigation. The Trenton-based law firm of Kamensky Cohen & Riechelson sent out thousands of letters to residents the last week in October, […]

Source: Los Angeles Times, November 7, 2014 Posted on: http://envfpn.advisen.com The state Thursday ordered Exide Technologies to pay for the cleanup of homes and yards contaminated by the company’s battery recycling operation in Vernon. The order, issued by the Department of Toxic Substances Control, also fines Exide $526,000 for improperly managing hazardous waste. The plant […]

Source: La Crosse Tribune (WI), November 9, 2014 Posted on: http://envfpn.advisen.com More than half the frac sand companies operating in Wisconsin have violated Department of Natural Resources regulations, manipulated local governments or engaged in “influence peddling and conflicts of interest,” a study by an advocacy group has found. The Land Stewardship Project, a Minnesota-based nonprofit […]

Source: http://www.brooklyndaily.com, November 6, 2014 By: Vanessa Ogle Fears of chemical contamination could now trump all other issues in the controversial demolition of the Trump Village Shopping Center. The shopping center was built on the site of a manufactured gas plant that operated from the late-1890s until the mid-1900s and the land still has traces […]

Source: http://host.madison.com, November 8, 2014 By: Mike Ivey Work has stopped on a luxury apartment building at the former Lane’s Bakery on South Park Street after DNR inspectors found oil-contaminated water being pumped from the site into the storm sewer without a permit. JD McCormick Development is working on a five-story, 40-unit apartment building with commercial […]

Source: http://www.jdsupra.com, November 5, 2014 By: Nathan Lander, Proskauer – Insurance Recovery & Counseling On October 29, the Fifth Circuit reversed itself for the second time this year in a case involving the interpretation of a contractual liability exclusion in a CGL policy. This recent decision by the Fifth Circuit in Crownover v. Mid-Continent Casualty […]