RT ECP: Articles

April 22, 2013

Two cases analyze faulty workmanship claims under CGL policies, with contrary results

Source: http://www.lexology.com, April 12, 2013 By: Virginia L. White-Mahaffey and Erica L. Gerson, Steptoe & Johnson LLP Less than two weeks apart, two appellate courts issued opinions analyzing whether faulty work claims are covered under commercial general liability policies, each reaching a different result. The United States Court of Appeals for the Third Circuit issued […]

April 19, 2013

Chinese Drywall Damages Excluded from Coverage under Homeowners Policy

Source: http://www.irmi.com, April 2013 By: J. Kent Holland Jr., Construction Risk.com LLC Damages claimed by home owner, which were allegedly caused by Chinese drywall that was installed in his home, were excluded from coverage under his homeowners insurance policy pursuant to several exclusions, including the pollution exclusion. When it received the home owner’s claim for […]

April 19, 2013

Grain Processing Corporation fined $129,000 by EPA for wastewater discharge violations

Source: http://www.bettendorf.com, April 16, 2013 Grain Processing Corporation (GPC) in Muscatine has agreed to pay a $129,000 fine for violations of the federal Clean Water Act that occurred in 2011, the U.S. Environmental Protection Agency (EPA) announced today (4/16). “GPC failed to comply with its National Pollutant Discharge Elimination System (NPDES) monitoring requirements by taking […]

April 18, 2013

Casino owners pay $650K over illegal dumping

Source: The Philadelphia Inquirer, April 16, 2013 Posted on: http://envfpn.advisen.com The owners of the SugarHouse Casino have agreed to pay $650,000 to settle claims that their workers illegally dumped construction materials into the Delaware River near the Philadelphia casino, prosecutors said Monday. Under the settlement, announced by U.S. Attorney Zane David Memeger, SugarHouse HSP Gaming […]

April 17, 2013

N.C. group discusses environmental issues related to fracking

Source: The Fayetteville Observer (NC), April 13, 2013 Posted on: http://envfpn.advisen.com The state Mining and Energy Commission will look at how the state’s open record laws apply to chemical mixtures that oil and gas companies consider trade secrets, the head of the commission said Friday. Lee County Commissioner Jim Womack serves as chairman of the […]

April 17, 2013

Hydraulic Fracturing in the West

Read here about increasing hydraulic fracturing activities in Colorado.  

April 17, 2013

Oil proposals for Great Lakes concern environmentalists: Great Lakes oil proposals worry some

Source: USAToday.com, April 14, 2013 Posted on: http://envfpn.advisen.com Two oil projects in the works could significantly increase the amount of heavy crude oil moving on — and near — the Great Lakes, causing alarm among environmentalists because they involve the same heavy oil that was behind a $1-billion oil spill on the Kalamazoo River in […]

April 17, 2013

Big Spills Put Old Pipes in Spotlight

Source: Dow Jones News Service, April 15, 2013 Posted on: http://envfpn.advisen.com Recent pipeline ruptures, including one at an Exxon Mobil Corp. (XOM) pipeline that caused a major oil spill in Arkansas last month, are raising fresh questions about the safety of pipes made decades ago using obsolete welding techniques. Though the industry stopped making what […]

April 17, 2013

Environmental liability – Beware!

Source: Ottawa Business Journal (Blog), April 15, 2013 By: Jeysa Martinez, Brazeau Seller LLP Innocent and blameless property owners may be exposed to significant environmental liability risk. When assessing environmental liability one might think that, if a land owner did not create nor contribute to an environmental spill or contamination, fault and fairness would be […]

April 16, 2013

Pulp Mill Pollution Dispute Settled

Read here about a settlement that has been reached in a dispute over pulp mill pollution in Oregon.  

April 16, 2013

Companies reach settlement for superfund cleanup in New Jersey

Source: http://www.lexology.com, April 5, 2013 By: David Erickson and Mark Anstoetter, Shook Hardy & Bacon LLP The U.S. Environmental Protection Agency (EPA) has entered a consent decree calling for two companies to conduct a cleanup and reimburse EPA’s cleanuprelated costs at the Puchack Well Field Superfund site in Pennsauken, New Jersey. United States v. SL […]

April 12, 2013

Bacteria exclusion did not relieve insurer from duty to indemnify and defend wrongful death claim arising from hotel guest contracting legionnaires’ disease

Source: http://www.lexology.com, March 29, 2013 By: Kevin R. Fincel and John O’Connor, Steptoe & Johnson LLP In Westport Insurance Corporation v. VN Hotel Group, LLC, et al., 2013 WL 1196957 (11th Cir. March 22, 2013), the Eleventh Circuit, applying Florida law, held that the fungi/bacteria exclusion in the policy at issue did not exclude from […]

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