RT ECP: Articles

June 4, 2013

Mines polluting WV waterways

Read here about mining sites in West Virginia that environmental activists say are polluting waterways.  

June 4, 2013

United States: Counsel’s Role In Insurance Risk Management

Source: http://www.mondaq.com, May 29, 2013 By: Finley T. Harckham, Anderson Kill & Olick,P.C. Originally published by The Metropolitan Corporate Counsel, Volume 21, No. 5, 2013 Insurance policies are complex contracts and pursuit of an insurance claim is often a high-stakes, conflict-ridden endeavor. Yet all too many companies entrust their assets and their very survival to […]

June 4, 2013

Professional services exclusion precludes coverage for design defect claims

Source: http://www.lexology.com, May 23, 2013 By: Wiley Rein LLP Applying Nevada law, a federal district court held that an insurer has no duty to defend or indemnify claims alleging damage from design defects in houses constructed by the insureds due to the policy’s professional services exclusion. St. Paul Fire & Marine Ins. Co. v. Del […]

June 4, 2013

Do liability policies, particularly pollution liability insurance policies, exclude coverage for all injunctions? The Fifth Circuit says no

Source: http://www.lexology.com, May 22, 2013 By: Robert S. Sanoff, Foley Hoag LLP The Fifth Circuit handed down an important decision last week, Louisiana Generating LLC v. Illinois Union Insurance Company, clarifying the scope of coverage under a Premises Pollution Liability Insurance Policy. The policyholder sought coverage for a Clean Air Act suit by the United […]

June 3, 2013

Wal-Mart pleads guilty in U.S. hazardous waste cases, to pay $82M

Source: Business Insurance, May 29, 2013 Wal-Mart Stores Inc. on Tuesday said it would pay nearly $81.63 million to the federal government as it pleaded guilty to charges that it improperly discarded hazardous waste such as bleach and fertilizer years ago. The U.S. Department of Justice said that in cases filed by federal prosecutors in […]

June 3, 2013

Fuel spill triggers lawsuit by resident

Source: The Durango Herald, May 26, 2013 By: Jim Mimiaga Cleanup plan in place, but owner blocks access A prolonged dispute about land contaminated by fuel at a former gas station on U.S. Highway 160 has reached an impasse. Wild Wild Rest, between Mancos and Mesa Verde National Park, used to host motorcycle races and […]

June 3, 2013

Casino site contamination prompts new lawsuit

Source: The Baltimore Sun, May 20, 2013 By: Timothy B. Wheeler Two Baltimore residents contend city allowing Patapsco pollution A pair of Baltimore residents filed suit Monday accusing the city of breaking the law by allowing toxic chemicals to leach into the Patapsco River from the South Baltimore site where a casino is now under […]

June 3, 2013

You Signed What?! Indemnification Provisions in Construction-Related Agreements

Source: http://www.natlawreview.com, May 24, 2013 By: Scott R. Fradin, Much Shelist, P.C. On a recent trip with my son to an extreme sports facility, I was presented with a rather lengthy form that I was asked to sign before my son would be allowed to participate. The following provisions grabbed my attention: I certify and […]

May 28, 2013

Owner of Paper Mill Site Agains Superfund Listing

Read here about the owners of a former paper mill site in Montana who are against designating the area as a Superfund site.

May 28, 2013

Pipeline Company Sued Over Water Contamination

Read here about a Kansas pipeline company that has been sued by some residents over water contamination.  

May 28, 2013

Lawsuits Filed Against Whirlpool Over Contamination

Source: Times Record (Fort Smith, AR), May 24, 2013 Posted on: http://envfpn.advisen.com Three lawsuits were filed this week in Sebastian County Circuit Court against Whirlpool Corp. seeking monetary damages for harm caused by a chemical that leaked into a nearby neighborhood. One lawsuit represents a trio of homeowners; another was filed on behalf of landlords […]

May 28, 2013

Court finds harm indivisible and liability joint and several in CERCLA suit

Source: http://www.lexology.com, May 17, 2013 By: David Erickson and Mark Anstoetter, Shook Hardy & Bacon LLP A federal court in Wisconsin has ruled that a defendant in a cost-recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) failed to establish that the harm at issue was divisible and thus could not limit […]

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