RT ECP: Articles

February 4, 2013

Local water study pulled into 3M suit

Source: StarTribune (MN), January 31, 2013 By: Jim Anderson A panel looking at long-term needs was examining some of the same issues as the state was in the lawsuit. Three years ago, officials in Woodbury and Cottage Grove began looking at a fundamental but vital question: Will there be enough safe drinking water for our […]

February 4, 2013

The Supreme Court reverses the 9th Circuit and reaffirms its earlier interpretation of 'discharge' under the Clean Water Act

Source: http://www.lexology.com, January 29, 2013 By: Wayne M. Whitlock, Anthony B. Cavender, Tamara T. Zakim and Alina J. Fortson of Pillsbury Winthrop Shaw Pittman LLP On January 8, 2013, the U.S. Supreme Court held unanimously in L.A. County Flood Control District v. NRDC that the flow of polluted stormwater from an improved portion of a […]

January 30, 2013

Managing and Mitigating Subcontractor Default Risks: Qualification

Source: XL Group Insurance, Construction Insider, January 2013 By: Jason LaMonica, Vice President/Profit Center Head, Construction Performance Risk One of the biggest inherent risks General Contractors and Construction Managers face as they build projects is the risk of a subcontractor default. A failure of a sub to perform can add cost, delay a job, and […]

January 30, 2013

Master Builders Risk Program

Source: XL Group Insurance, Construction Insider, January 2013 By: Mark Kulas, AVP – Construction Property It’s not just for GCs any more. As a General Contractor, are you confident that your investment in the project is protected when the owner secures the Builders Risk insurance? XL Group’s North America Construction team now offers a product […]

January 25, 2013

Lawsuit Filed to Stop Unregulated Fracking in California

Source: http://www.equities.com, January 24, 2013 The Center for Biological Diversity issued the following news release: The Center for Biological Diversity went to court today to compel California regulators to enforce an existing state law that should protect people and the environment from hydraulic fracturing, or fracking, a rapidly spreading new method of oil and gas […]

January 25, 2013

Pesticide Settlement reached

Read here about a settlement that was reached for subsidiaries of a chemical company in a pesticide case.

January 25, 2013

Study of Radiation Levels in Wastewater

Read here about a study that Pennsylvania plans to conduct to determine radiation levels in wastewater and byproducts.

January 24, 2013

Mondaq Business Briefing – Davis LLP Canada – Can Water Itself Be A Pollutant?

Source: Mondaq Business Briefing, January 22, 2013 Posted on: http://envfpn.advisen.com We have previously looked at the question of whether rock debris flying through the air could be considered a “contaminant” having an “adverse effect” on the environment. The Ontario Court of Appeal has said “yes” and the Supreme Court of Canada will hear that appeal […]

January 24, 2013

Bill Would End Towns' Liability for Superfund Site Cleanup

Source: NJ Spotlight, January 23, 2013 By: Tom Johnson A controversial measure to redefine hazardous waste is being opposed by environmentalists and business groups Getting dragged into one of the most contentious pollution cleanup cases in New Jersey history is costing dozens of municipalities millions in legal fees, with no end in sight. The Legislature […]

January 23, 2013

Proposed changes to Spill Act raise stink

Source: http://www.njbiz.com, January 21, 2013 By: Jared Kaltwasser Don’t exempt public entities, opponents say A years-old legal fight over pollution in the lower Passaic River could lead to significant changes in the way the state enforces its 30-year-old Spill Compensation and Control Act. At issue is whether publicly owned sewer systems, wastewater treatment plants and […]

January 23, 2013

Arkansas Supreme Court finds the pollution exclusion ambiguous, triggering the insurer’s duty to defend

Source: http://www.lexology.com, December 31, 2012 By: Brian S. Scarbrough and Jan A. Larson In Scottsdale Insurance Co. v. Morrow Land Valley Co., No. 11-905 (Ark. May 31, 2012), the Arkansas Supreme Court held that an insurance policy’s pollution exclusion was fairly susceptible to more than one reasonable interpretation, and thus was ambiguous under Arkansas law. […]

January 23, 2013

Recent decisions from the Indiana Court of Appeals and Indiana Supreme Court find absolute pollution exclusion overbroad and ambiguous

Source: http://www.lexology.com, December 31, 2012 By: Brian S. Scarbrough and Jan A. Larson, Jenner & Block In State Automobile Insurance Co. v. DMY Realty Co., LLP,977 N.E.2d 411 (Ind. Ct. App. Oct. 23, 2012) (No. 49A05-1109-PL-486), the Indiana Court of Appeals relied on a number of other recent Indiana Supreme Court cases in finding an […]

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