RT ECP: Articles

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 […]

January 22, 2013

Noble Can't Cut Conoco From Oil Cleanup Insurance Row

Source: Law360, January 18, 2013 By: Sean McLernon A Texas federal judge on Thursday shot down Noble Energy Inc.’s request to remove fellow defendant ConocoPhillips Co. from a suit brought by two insurance companies seeking to avoid paying settlement costs in an underlying oil contamination lawsuit, ruling that Noble cannot independently seek dismissal for ConocoPhillips. […]

January 22, 2013

Kodak Dodges Pricey Payout In SC Pollution Settlement

Source: Law360, January 18, 2013 By: Juan Carlos Rodriguez A federal bankruptcy judge on Thursday approved a settlement between Eastman Kodak Co. and South Carolina that gives the state only a tiny fraction of the $30 million it had sought for cleanup costs at a former chemical company site. The $42,000 settlement comes after the […]

January 22, 2013

Interior Delays Much-Disputed Fracking Disclosure Rule

Source: Law360, January 18, 2013 By: Daniel Wilson The U.S. Department of the Interior announced Friday that it would delay a rule designed to tighten standards on the use of chemicals in hydraulic fracturing on public lands, amid widespread criticism over the proposed regulation from both industry and environmental groups. According to the Bureau of […]

January 21, 2013

In Alabama, cost of complying with a PRP letter now insured under CGL policies

Source: http://www.lexology.com, January 16, 2013 By: Elizabeth Hamrick, Katherine J. Henry, Sid J. Trant and S. Revelle Gwyn, Bradley Arant Boult Cummings LLP In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site anywhere in the country, the Alabama Supreme Court has followed the majority […]

January 21, 2013

Lyndhurst residents criticize EPA plan to remove dioxin from Passaic River

Residents used a public meeting Thursday night to criticize a plan to remove a layer of contaminated soil from the Passaic River and place a cap over the rest, saying it doesn’t do enough to address decades of pollution and the constant threat of tainted water flooding homes in extreme weather. “I want to be […]

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