RT ECP: Articles

March 11, 2013

Hovnanian Enterprises and PulteGroup, Inc. Settle Clean Water Act Violations in Virginia and Maryland

Source:c, March 6, 2013 Hovnanian Enterprises, Inc. and PulteGroup, Inc. have agreed to pay civil penalties of $130,000 and $56,000 respectively in separate settlements with EPA resolving alleged Clean Water Act violations at construction sites in Maryland and Virginia. EPA alleged that the companies failed to take actions to prevent discharging sediment to nearby surface […]

March 8, 2013

Pollution Exclusion Applied by Courts to Deny Coverage for Damages from Construction Activities

Source: Zurich, C&DR Briefings, Winter 2013 By: J. Kent Holland, J.D., ConstructionRisk, LLC Pollution Liability Policies Necessary to Fill the Coverage Gap Introduction This newsletter reviews several court decisions from around the United States that applied the pollution exclusion in contractor’s commercial general liability (CGL) policies to deny coverage for damages that were deemed to […]

March 8, 2013

Proposed hydraulic fracturing ("fracking") legislation in Illinois would impose strict standards

Source: http://www.lexology.com, February 27, 2013 By: Edward V. Walsh, III, Reed Smith LLP Proposed hydraulic fracturing legislation in Illinois, with strong bi-partisan support and the backing of Illinois Governor Quinn, would impose strict controls on fracking companies relative to most other states where fracking occurs, including chemical disclosure requirements and in the case of water […]

March 8, 2013

Colorado joins states that exclude insurance coverage under pollution exclusion clauses for traditional and nontraditional pollution events

Source: http://www.lexology.com, March 5, 2013 By: Joseph F. Bermudez and Jessica C. Collier, Wilson Elser Pursuant to an opinion issued by the Colorado Supreme Court (the Court) on February 25, 2013, insurance coverage may be excluded under absolute pollution exclusion clauses for both nontraditional as well as “traditional” pollution under Colorado law. Mountain States Mutual […]

March 7, 2013

N.J. DEP: New privatized toxic-site-cleanup program clears cases faster

Source: Philadelphia Inquirer, March 4, 2013 Posted on: http://envfpn.advisen.com For almost 50 years, trucks drove in and out of Monmouth Petroleum in North Jersey, filling up with heating oil for home delivery. But leaks and abandoned storage tanks left the site contaminated, another spoiled property in a state filled with shuttered industrial sites. Now, a […]

March 7, 2013

Burning Tires Lead to Pollution Concerns

Read here about power plants in Michigan that are burning tires for electricity and leading to pollution concerns.  

March 7, 2013

Condo developer sued over environmental damage

Source: Nashville Post, March 4, 2013 By: Pierce Greenberg TDEC says fill material rising 30 feet has clogged stream John Rankin, the developer of the mostly vacant Braxton Condominiums in Ashland City, has been sued by the state of Tennessee for environmental damage inflicted on another property in Cheatham County. The suit filed Friday accuses […]

March 7, 2013

Seller of drained transformers containing residual PCBs insulated from CERCLA "arranger" liability

Source: http://www.lexology.com, February 22, 2013 By: Andrew H. Perellis and Ilana R. Morady, Seyfarth Shaw LLP If you sell products that you no longer need that contain residual hazardous substances, and the buyer mishandles them so as to create the need for remediation, are you liable under CERCLA for having arranged for disposal of the […]

March 6, 2013

NY Awaits Fracking Study

Read here about the decision by the Governor of New York to await the results of a health study determining whether or not drilling will be allowed.  

March 6, 2013

Oil Leak in NYC Awaits Cleanup

Read here about an underground oil leak in New York City that awaits cleanup.  

March 6, 2013

Toxic site in Burlco remains troubling

Source: Philadelphia Inquirer, March 3, 2013 Posted on: http://envfpn.advisen.com On a recent afternoon last month, a man and his dog jogged down a peaceful, winding lane in Moorestown past a row of tidy $725,000 homes that exhibited tiered fountains and stone goddesses. Not on display in the Wexford development were about 58 monitoring wells that […]

March 6, 2013

Drilling Bans Lead to Lawsuit in CO

Read here about a plan in Colorado to sue over drilling bans.  

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