RT ECP: Articles

October 12, 2012

Natural resource damages after NJDEP v. Dimant

Source: http://www.lexology.com, October 3, 2012 By: Latham & Watkins LLP In a unanimous opinion, the New Jersey Supreme Court held that liability for damages under the New Jersey Spill Compensation and Control Act (Spill Act) requires evidence of a reasonable link between the discharge, the discharger, the contamination and the relief sought by the plaintiff.1 […]

October 12, 2012

Failure to perform appropriate pre-purchase investigation renders buyer liable for cleanup

Source: http://www.lexology.com, October 4, 2012 By: Gerard M. Giordano, Cole Schotz Meisel Forman & Leonard PA New Jersey property buyers need to be aware of liability for existing contamination as a result of failing to do an appropriate environmental investigation prior to purchasing. The recent case State Farm Fire and Cas. Co. v. Timothy Shea, […]

October 4, 2012

Mobile Home Park magnate will pay over $1 million for drinking water and waste water violations

Source: http://www.fox43.com, October 1, 2012 The owners of 73 mobile home park communities, which house thousands of residents, have agreed to pay a $1,339,000 penalty to resolve allegations that they violated federal and state environmental laws and regulations concerning the treatment of sewage and drinking water. The settlement agreement was filed in federal court on […]

October 4, 2012

Sappi paper mill contamination not reaching Muskegon Lake, DEQ officials tell citizens

Source: http://www.mlive.com, October 1, 2012 By: Dave Alexander More than 150 people jammed Muskegon City Hall on Monday to hear the Michigan Department of Environmental Quality give an update on the environmental situation at the former paper mill on Muskegon Lake. Citizens were told by state environmental regulators that there are known contaminated “hot spots” […]

October 3, 2012

LEED rating system for green building grows into global phenomenon

Source: San Jose Mercury News (CA), October 2, 2012 Posted on: http://envfpn.advisen.com Twelve years ago, the U.S. Green Building Council launched a rating system called LEED, or Leadership in Energy and Environmental Design, hoping that architects, engineers, designers and real estate firms would improve energy efficiency and increase the use of recycled materials and nontoxic […]

October 3, 2012

NJ company settles pollution claims

Read here about a New Jersey glass manufacturing company that has agreed to pay thousands to settle air pollution allegations.

October 3, 2012

N.J. Supreme Court: DEP must show proof when ordering businesses to pay for site cleanups

Source: http://www.nj.com, September 26, 2012 By: MaryAnn Spoto/The Star-Ledger State environmental officials can’t go after businesses for contaminating the ground unless they have ironclad proof — and not circumstantial evidence — that the firms caused the damage, the state Supreme Court ruled Wednesday. The decision drew instant praise from business owners who say they need […]

October 3, 2012

Pennsylvania federal court finds liability policy's pollution exclusion not a bar to coverage for damages resulting from a petroleum asphalt spill

Source: http://www.lexology.com, September 27, 2012 By: Hunton & Williams LLP In Travelers Indemnity Company v. MTS Transport, LLC, No. 11-01567, 2012 U.S. Dist. LEXIS 127847 (W.D. Pa. Sept. 7, 2012), a federal court held that a pollution exclusion in an excess liability insurance policy was ambiguous and, therefore, did not bar a defense for claims […]

October 3, 2012

Federal environmental decision expected Monday on North Birmingham plant action

Source: http://blog.al.com, September 29, 2012 By: Joseph D. Bryant, The Birmingham News Federal environmental officials Monday are expected to make an announcement on action involving Walter Coke, a major industry in northern Birmingham. While details are not yet available, a flier being distributed in the community invites residents to attend a meeting Monday evening at […]

October 3, 2012

Families lose gas lawsuits, seek appeals

  Source: Dominion Post (Morgantown, WV), September 30, 2012 Posted on: http://envfpn.advisen.com Two Wetzel County families suing Chesapeake Appalachia in federal district court for trespass regarding gas wells on their land have lost their cases and appealed them to the next level. Martin and Lisa Whiteman, of Silver Hill, and Dewey and Gay Teel, of […]

October 3, 2012

Lawsuit could change chicken farming nationally ; 'Landmark case' against farm, Perdue about to go to trial

Source: Capital (Annapolis, MD), September 30, 2012 Posted on: http://envfpn.advisen.com With the court date fast approaching in the federal lawsuit involving the Waterkeeper Alliance, Perdue Farms and Hudson Farm, direct participants in the case aren’t talking publicly. George Ritchie, the Baltimore-based attorney for Kristin and Alan Hudson, declined to talk on the record. He also […]

September 28, 2012

PCBs in Building Caulking – Beware the Enforcer

Source: http://www.natlawreview.com, September 28, 2012 By: H. Hamilton Hackney III, Greenberg Traurig, LLP A recent enforcement case in USEPA Region I highlights the continuing regulatory risks posed to commercial property owners by building materials containing polychlorinated bi-phenyls (PCBs). From the 1950s into the 1970s, PCBs were used as plasticizers and flame retardants in caulking around […]

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