Source: http://www.lexology.com, October 31, 2013 Bby: Jan A. Larson, Jenner & Block A Colorado state court applying Massachusetts law recently denied an insurer’s motion for summary judgment, holding that its absolute pollution exclusion and the term “pollutant” are ambiguous as applied to Chinese Drywall and should be construed in favor of coverage for the insured. […]

Source: http://www.northjersey.com, November 21, 2013 By: Meghan Grant A group of four property owners, including Cheridan Realty LLC that owns a commercial building on Commerce Road, are suing the owners of the Kane Tract in Carlstadt, claiming improper berm construction was to blame for the severity of the damage suffered due to Hurricane Sandy, a […]

Source: http://www.lexology.com, November 18, 2013 By: Lane Powell PC For several years, design and construction professionals have been awaiting word from the Washington Supreme Court regarding whether aggrieved parties are limited to remedies set forth in their written contracts or whether they can pursue common law negligence claims. On November 14, the court decided Donatelli […]

Source: http://www.businessinsurance.com, November 20, 2013 By: Matt Dunning Although most contractors acknowledge that maintaining thorough contractual and operation records can greatly reduce the severity of construction defect claims, insurance experts said Wednesday that lack of documentation among their clients remains a pervasive issue. In 2012, in four out of five construction defect disputes involving Hartford, […]

Source: http://www.businessinsurance.com, November 20, 2013 By: Gavin Souter Legionella is a relatively new liability exposure for construction firms, but pending safety standards concerning the bacteria that causes Legionnaires’ disease should raise risk management concerns, underwriting experts say. Contractors should ensure that projects they work on comply with the new standard to shield them from liability […]

Read here about an oil firm in California that has been fined $60,000 for discharging fracking fluid.  

Source: The Columbian (WA), November 19, 2013 Posted on: http://envfpn.advisen.com Three environmental groups that sued the Port of Vancouver alleging its approval of a lease for an oil transfer facility violated state open public meetings law have broadened their lawsuit to charge the port also violated state environmental laws. In their updated complaint, originally filed […]

Source: Star-Ledger (NJ), November 16, 2013 Posted on: http://envfpn.advisen.com A Superior Court judge has ruled that the owners of the Fenimore Landfill in Roxbury are responsible for all “recoverable costs” associated with the closure of the facility. The order by Judge Thomas Manahan, written Thursday and released yesterday in Morristown, finds that the landfill owner, […]

Read here about millions of dollars that have been approved for oil spill restoration projects in Alabama.  

Source: The Herald (Plymouth, England), November 20, 2013 Posted on: http://envfpn.advisen.com MARINE worms are the latest ally in the battle against oil pollution in the sea. Plymouth scientists are studying how the burrowing creatures help speed up the breakdown of oil by microbes. The research is going on at the Marine Biological Association (MBA) as […]

Source: The State (SC), November 20, 2013 Posted on: http://envfpn.advisen.com South Carolina’s state-owned electrical utility plans to clean up 11 million tons of contaminated coal ash from three power plants and close most of its remaining coal waste ponds in a decision that’s expected to reduce the threat of pollution leaking into rivers and groundwater. […]

Source: The Columbian, Vancouver, WA, November 20, 2013 Posted on: http://envfpn.advisen.com A Clark County environmental group has filed a lawsuit against a Yacolt mining operation, claiming years of pollution and violations of the federal Clean Water Act. In a suit filed in U.S. District Court in Tacoma, Friends of the East Fork Lewis River claims […]