Source: http://www.lexology.com, October 11, 2012 By: James Warmoth, Bradley Arant Boult Cummings LLP When faced with a risky means and methods issue—excavating near an existing structure, for example—contractors frequently seek or otherwise receive input (whether they want it or not) from the owner or its on-site representative. In other cases, the contractor may simply take […]

Source: Kitsap Sun (Bremerton, WA), October 12, 2012 Posted on: http://envfpn.advisen.com Adhesives maker Westech Aerosol Corp., just fined $30,000 by the U.S. Environmental Protection Agency, might be looking to leave Bremerton. “I think they’re going to move somewhere in the not-too-distant future to a relatively nearby location in a business-friendly community,” spokesman Ray Foster said. […]

Read here about a ruling that will allow farm bureaus to join a chicken grower’s lawsuit against the EPA.

Source: Dow Jones News Service, October 11, 2012 Posted on: http://envfpn.advisen.com New tests of water surrounding natural-gas-drilling sites near Pavillion, Wyo., have turned up results that are ” generally consistent” with earlier findings showing a link between contamination and hydraulic fracturing, the Environmental Protection Agency said Wednesday. The EPA’s announcement could be a blow to […]

Source: http://www.lexology.com, October 3, 2012 By: Kevin J. Bruno, Frank A. Dante and Louis Abrams, Blank Rome LLP On September, 26, 2012, in perhaps the most significant New Jersey environmental decision in the last thirty years, the New Jersey Supreme Court in New Jersey Department of Environmental Protection v. Dimant (A-2-11) (067933) dealt a major […]

Source: http://www.lexology.com, September 27, 2012 By: Robert S. Sanoff, Foley Hoag LLP In an environmental dispute between innocents involving a Church and a downgradient property owner, a federal court recently found the Church, although without original sin, was less innocent and should bear all the costs of the cleanup, even the costs of cleaning up […]

Read here about an Indiana hog farm that has been offered a deal relating to fish kill.

Read here about a lawsuit in Maryland claiming pollution of a river by Perdue.

Source: http://www.mynewmarkets.com, October 10, 2012 By: Brian S. Martin Every few years it seems that there are predictions of a new type of claim that threatens to engulf carriers. In the 1980s and 1990s it was environmental clean up claims and SuperFund, followed shortly by asbestos, the fear of Y2K claims, MTBE and any number […]

Source: http://www.lexology.com, October 4, 2012 By: Orrick Herrington & Sutcliff LLP In United Nuclear Corp. v. Allstate Ins. Co., Docket No. 32,939 (N.M. S. Ct., Aug. 23, 2012), New Mexico’s highest court concluded that the “sudden and accidental” exception to the qualified pollution exclusion provides coverage for “unexpected and unintended” releases of pollutants, and does […]

Source: http://www.lexology.com, October 3, 2012 By: William C. Wagner, Taft Stettinius & Hollister LLP An environmental contamination case set for trial based on liability under the Resource Conservation and Recovery Act (“RCRA”) for “passive inaction and studied indifference” recently settled, but the court filings provide a valuable lesson to property owners to address contamination promptly […]

Source: http://www.lexology.com, October 5, 2012 By: Brian Margolies, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Doe Run Resources Corp. v. Lexington Ins. Co., 2012 U.S. Dist. LEXIS 140981 (E.D. Mo. Sept. 28, 2012), the United States District Court for the Eastern District of Missouri had occasion to consider whether the total […]