Source: http://www.bhpioneer.com, March 5, 2015 By: David Ganje This is not my grandfather’s farming operation for sure.  Today’s farmer and rancher ‘enjoys’ certain legal protections in their operations. Laws are on the books that protect an operator from liability based on the act of farming.  South Dakota and other states have some version of a […]

Source: http://www.nytimes.com, March 6, 2015 By: Ronda Kaysen Construction Defects Follow a Brooklyn Building Boom It took just three years for balconies to crack and concrete to flake from the facade of one Brooklyn condominium. Another building was prone to flooding, because the storm drainage system was never connected to the sewage system. With buildings […]

Source: Daily Oklahoman (Oklahoma City), March 4, 2015 Posted on: http://fpn.advisen.com Oklahoma Insurance Commissioner John Doak on Tuesday issued a bulletin to insurance companies clarifying his department’s expectations for earthquake insurance coverage. The notice focused on exclusions regarding man-made damage, pre-existing damage and claims adjusters. “We want to make sure everyone is clear on earthquake […]

Source: The Independent (UK), March 3, 2015 Posted on: http://envfpn.advisen.com British American Tobacco has dumped its auditors PwC and taken them to court over a potential $1bn (651m pounds) US environmental damages bill. It is the latest in a long line of tests for the Big Four auditing firm, which is still reeling from accusations […]

Source: http://www.lexology.com, February 26, 2015 By: Amy B. Briggs, Donna M. Carlton, David B. Killalea , Stephen T. Raptis, Robert H. Shulman and Susan P. White, Manatt Phelps & Phillips LLP strong>Why it matters: The Western District of Michigan court held that an insurer was required to indemnify its insured for cleanup costs at a Michigan […]

Source: http://www.insurancejournal.com, March 2, 2015 By: Andrew Harris BP Plc double dipped by taking a total of more than $33 million from an Ohio compensation fund and insurers to clean up leaks from underground storage tanks, according to the state’s attorney general. Attorney General Mike DeWine and Ohio’s Petroleum Underground Storage Tank Release Compensation Board […]

Source: http://www.jdsupra.com, March 2, 2015 By: Lorelie Masters & Koorosh Talieh, Perkins Coie Some people believe that “fracking” – the use of horizontal drilling and hydraulic fracturing technology – is a miracle, increasing the extraction of oil and gas from places deep under the ground where hydrocarbons were previously unrecoverable. It has led not only […]

Source: Los Angeles Times, February 28, 2015 By: http://envfpn.advisen.com The Los Angeles Fire Department has failed to properly inspect hundreds of hazardous sites scattered across the city, exposing the public to increased risks from potential spills and mishandling of toxic substances, according to a state report released Friday. The 24-page study, written by the California […]

Source: http://bismarcktribune.com, February 28, 2015 By: Amy Dalrymple The pipeline that ruptured and spilled nearly 3 million gallons of saltwater, contaminating a nearby creek and two rivers near Williston, could have been monitored remotely but the system wasn’t turned on, a regulator said last week. Meadowlark Midstream, a subsidiary of Summit Midstream, relied on checking […]

Source: http://www.northjersey.com, February 27, 2015 By: Scott Fallon and James O’Neill The Christie administration’s reported settlement of an $8.9 billion lawsuit against Exxon Mobil Corp. for just $250 million drew a wide range of criticism Friday against a governor who has leaned heavily on the fossil fuel industry for money to boost his national stature. […]

Source: http://www.pressherald.com, February 24, 2015 By: Peter McGuire Pan Am Railways is facing up to $375,000 in fines from the U.S. Environmental Protection Agency for allegedly violating the federal Clean Water Act at the company’s Waterville railyard. In an administrative complaint filed against the company on Jan. 30, the EPA charged that Pan Am failed […]

Source: http://www.lexology.com, February 25, 2015 By: William C. Wagner, Taft Stettinius & Hollister LLP An environmental contamination case resulting in a $3.4 million award for emotional distress and punitive damages due to unfair claims settlement practices by the insurer was recently affirmed on appeal in Indiana Insurance Company v. Demetre, Case No. 2013-CA-338 (Ky. Ct. […]