Source: http://www.mondaq.com, August 14, 2013 By: Elias Neocleous and Kyriacos Kourtellos, Andreas Neocleous & Co LLC Directive 2004/35 on Environmental Liability with Regard to the Prevention and Remedying of Environmental Damage [2004] OJ L 143/56 of 21 April 2004 (the “ELD”) establishes a framework of environmental liability based on the “polluter pays” principle, under which […]

Source: http://enewsletters.constructionexec.com, Vol No. 2, Issue 14 Until recently, North Dakota law stated faulty workmanship is never “accidental” and, therefore, a construction defect could never be a covered “occurrence” under Commercial General Liability (CGL) policies. In April, the North Dakota Supreme Court overturned that law, ruling that faulty construction can be accidental. On June 18, […]

Source: Milwaukee Journal Sentinel, August 11, 2013 Posted on: http://envfpn.advisen.com A board charged with protecting the Wisconsin River must decide this month whether a frac sand mine can be placed within its jurisdiction — a move that some board members feel is contrary to their mission. The Wisconsin River is protected by state law for […]

Source: The News & Observer (Raleigh, NC), August 11, 2013 Posted on: http://envfpn.advisen.com Once an innovative leader in water quality science, North Carolina has fallen behind in meeting federal pollution standards. North Carolina is the only state in its EPA region — which includes Tennessee, South Carolina, Georgia, Kentucky, Alabama, Mississippi and Florida — that […]

Source: The Bakersfield Californian, August, 10, 2013 Posted on: http://envfpn.advisen.com County lawyers took a hit in Kern County Superior Court Friday when a judge let Measure G, the county’s ordinance restricting medical marijuana dispensaries, stand — but ruled an environmental review eventually must be done. In a ruling being eyed closely by Bakersfield city officials […]

Source: The Columbus Dispatch, August 12, 2013 Posted on: http://envfpn.advisen.com A company that faces state sanctions and fines for pipeline-construction spills in eastern Ohio continues to foul streams and wetlands. Scott Nally, director of the Ohio Environmental Protection Agency, told Denver-based MarkWest Energy in a March 8 letter that the size and repeated nature of […]

Source: Risk & Insurance, July/August 2013 Linda Morris, head of HR for a design firm, has a puzzling problem: a mystery illness is causing a flood of absenteeism. Faced with mounting pressure from employees and management to find a solution, Linda takes every possible measure to combat the illness and identify a cause. After investigating […]

Source: http://www.cnn.com, June 11, 2013 By: Monte Plott For a time, it had the makings of a mountain mystery. Three deaths — first an elderly couple then, weeks later, an 11-year-old boy — in the same hotel room with the same immediate response from authorities: cause of death undetermined. When the third death — that […]

Source: http://www.lexology.com, August 12, 2013 By: David M. Governo, Bryna Rosen Misiura and Melissa L. Tarab , Governo Law Firm LLC In our current economy, foreclosures still remain a common concern for commercial property owners and lending institutions. While property seizure is intended to protect secured lenders by giving them the opportunity to sell the […]

Source: http://www.enewspf.com, August 7, 2013 If not for the effort of Clean Water Action and Earthjustice, a wastewater treatment plant in southwestern Pennsylvania might have spent each day of the past three years dumping up to 500,000 gallons of untreated natural gas drilling wastewater into the Monongahela River. Instead, the plant has not discharged a […]

Source: http://articles.philly.com, August 8, 2013 By: Jessica Parks The Cheltenham Township School District is dealing with mold in the middle school and lead paint in an elementary school that could delay the start of the academic year. Summer maintenance crews discovered “a significant presence of mold” at Cedarbrook Middle School in July, Superintendent Natalie Thomas […]

Source: http://www.lexology.com, August 3, 2013 By: Andrew B. Downs, Bullivant Houser Bailey PC This is the second in a series of posts on issues arising under professional liability policies. The aim of this series is to provide sufficient background information to allow the defense attorney to identify relevant issues frequently raised by professional liability policies […]