Source: http://www.lexology.com, July 22, 2014 By: Stanley A. Martin, Duane Morris LLP A federal appeals court recently retired, in short order, a contractor’s insurance claim arising from defective work.  The claim arose when scratches were noted on a glass storefront, shortly after installation by one sub but also after preliminary cleaning by another sub, and two […]

Source: http://louisianarecord.com, July 22, 2014 By: Anna Aguillard The U.S. Court of Appeals for the Fifth Circuit has affirmed a district court’s decision, holding a shipping company liable for recovery in an oil spill clean up case. On July 23, 2008, near New Orleans on the Mississippi River, an ocean-going tanker collided with an unmanned […]

Source: The Philadelphia Inquirer, July 21, 2014 Posted on: http://envfpn.advisen.com The white, office-style water dispenser in the corner of the kitchen says quite a bit about the unwanted lifestyle changes underway in the Minix household in West Deptford. Jeannie Minix, 55 and a vegetarian, will not be eating the tomatoes, eggplant, and other organic produce […]

Read here about cleanup of a saltwater spill in North Dakota that could take years.

Source: Times Union (Albany, NY), July 15, 2014 Posted on: http://envfpn.advisen.com The ongoing pollution cleanup of a former mercury recycling plant will continue this summer when some mercury-tainted soil will be stabilized in the ground to prevent the toxic heavy metal from leaking into groundwater and the nearby Patroon Creek. Work is expected to wrap […]

Source: http://www.lexology.com, July 15, 2014 By: Matthew D. Stockwell, Pillsbury Winthrop Shaw Pittman LLP On June 23, 2014, the Second Circuit Court of Appeals issued a decision in the case Dormitory Authority of the State of New York v. Continental Casualty Company (2014 WL 2808073), a declaratory judgment action filed by a building owner against the architect’s […]

Source: http://www.lexology.com, July 15, 2014 By: Michael A. Nesteroff, Lane Powell PC Oregon’s 10-year statute of repose may now play a bigger role in environmental lawsuits in the wake of the U.S. Supreme Court’s ruling that the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), commonly known as Superfund, does not supersede a state statute […]

Source: http://taftlaw.com, July 9, 2014 In a recent opinion, the Indiana Court of Appeals examined and provided significant analyses of a number of fundamental concepts in insurance law, including the definition of “property damage,” the concept of “occurrence,” the expected-or-intended exclusion, the contractual-liability exclusion and the common-law known-loss doctrine. Indiana Insurance v. Kopetsky, No. 49A02-1304-PL-340 […]

Source: http://whowhatwhy.com, July 14, 2014 By: Les Neuhaus It’s cost $40 billion so far to clean up America’s biggest nuclear waste site—half the size of Rhode Island—and it’s going to take another 40 years and $100 billion to finish the job. In the meantime, workers from the Hanford nuclear site in Washington State are still […]

Source: http://www.adn.com, July 14, 2014 By: Dermot Cole While the state has agreed to pay up to $585,000 for preliminary engineering and design to expand a water utility near the shuttered North Pole refinery, it remains locked in a three-way court fight with the past and present refinery owners over spilled sulfolane. The state blames […]

Source: http://www.lexology.com, July 11, 2014 By: Steven R. Inouye and Arthur Schwartz, Gordon & Rees LLP The California Court of Appeal, Second Appellate District, held an insurer had no duty to defend a steel subcontractor because its installation of defective tie hooks did not constitute “property damage” under a commercial general liability (CGL) policy, even […]

Source: Inside EPA Weekly Report, July 11, 2014 Posted on: http://fpn.advisen.com Appellate court judges at June 26 oral arguments were dismissive of EPA policy arguments that the agency will face tougher challenges in achieving cleanups at Superfund sites unless the court clearly rules that parties who sign consent agreements with the agency are barred from […]