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RT ECP: Chemical

March 26, 2020

Who Pays When Remediation Goes Wrong? A Federal Court’s Evaluation of Contractor Liability

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”) has been a prodigious generator of litigation for decades. First, the government sought to compel potentially responsible parties (“PRPs”) to clean up contaminated sites. Then, those PRPs who were found liable or who settled with the government sought contribution from other PRPs. Now, even after these […]

April 8, 2019

3M nears settlement with north Alabama water system over chemical pollution

Source: https://www.al.com, April 4, 2019 By: Dennis Pillion The West Morgan East Lawrence Water and Sewer Authority and chemical giant 3M are finalizing a settlement in a lawsuit over who will pay for a new multi-million dollar filtration system to remove industrial contaminants from the drinking water of thousands of people in north Alabama. The […]

November 27, 2018

Delaware Memorial Bridge: Gas leak prompted fears of car fires, chemical exposure

Source: https://www.delawareonline.com, November 26, 2018 By: Maddy Lauria, Karl Baker and Josephine Peterson It remains unclear what caused flammable toxic gas to seep into the air from Croda Inc.’s bio-ethanol plant north of New Castle Sunday night, but experts say the decision to close the Delaware Memorial Bridge was the safest bet. The incident shut down traffic […]

October 5, 2018

Dayton suing firefighting foam makers after water safety worries

Source: Dayton Daily News, October 4, 2018 Posted on: http://www.advisen.com The city of Dayton will sue the makers of firefighting foam in the wake of chemicals found in the water systems here and in other cities around the country. City officials announced the lawsuit today in an afternoon press conference. “It is our duty to […]

February 15, 2018

Minnesota vs. 3M: A guide to the $5 billion mega-trial

Source: https://www.twincities.com, February 11, 2018 By: Bob Shaw Call it the $5 billion Teflon trial — Minnesota’s biggest environmental lawsuit ever. When the trial of the State of Minnesota vs. 3M Co. starts Feb. 20, it will pit the state against what may be its most-loved company. The state attorney general will be taking on a […]

August 31, 2017

Harvey aftermath: More chemical fires possible as city loses clean water

Source: http://www.cnn.com, August 31, 207 By: Nicole Chavez and Holly Yan A spate of unexpected disasters are gripping Texas cities nearly a week after Hurricane Harvey slammed into the coast. The entire city of Beaumont has no running water after both of its water pumps failed. And they won’t be fixed until the floodwater has […]

August 30, 2017

Lead-Based Paint Is a “Pollutant” within CGL Pollution Exclusion

Source: http://www.constructionrisk.com, August 2017 By: Kent Holland Where lead-based paint was ingested by a tenant’s child, the tenant sued her landlord for injuries allegedly sustained by the child. The landlord tendered the claim to its commercial general liability (CGL) insurer who, instead of defending the case, filed a declaratory judgment action seeking a determination that […]

August 8, 2017

DuPont to Settle Environmental Lawsuits for Millions

Read here about almost $400 million in environmental lawsuits that DuPont has agreed to settle.

April 21, 2017

Lost Insurance Policy? Pursuing Coverage for Long-Tail Environmental Liability Still Feasible

Source: http://www.lexology.com, April 20, 2017 By: John H. Kazanjian and Nicole B. Weinstein, Beveridge & Diamond PC Companies facing environmental cleanup liability typically confront claims that are brought multiple decades after the alleged polluting activity took place. This passage of time often results in the loss or disappearance of crucial historic documents, including insurance policies, […]

March 9, 2017

Talc maker wins asbestos coverage under occurrence policy, loses on exclusion

Source: http://www.businessinsurance.com, March 8, 2017 By: Gavin Souter In a complex insurance coverage dispute over alleged asbestos-related claims arising out of industrial talc use and production, a Connecticut appeals court ruled on Monday that a policyholder who previously bought occurrence-based coverage should not be deemed uninsured for long-tail liability claims during years when only limited […]

January 5, 2017

DuPont ordered to pay $2 million after jurors found 'actual malice' in suit over chemical linked to cancer

Source: http://www.cnbc.com, December 21, 2016 By: Berkeley Lovelace Jr. DuPont was ordered on Wednesday to pay $2 million after a jury found the company liable for diseases linked to a Teflon-making chemical, Reuters reported. The multinational chemical giant will pay a man who said he developed testicular cancer from exposure to a toxic chemical leaked […]

July 14, 2015

Insurance company says hotel’s policy excludes damages from pollution

Source: http://www.charlestondailymail.com, July 13, 2015 By: Andrea Lannon An insurance company recently sued by three South Charleston hotels, says a policy issued to the hotels does not cover damages they say they sustained from the Jan. 9, 2014 chemical spill. The hotel groups alleged the insurance providers wrongfully denied their claim for damages sustained from […]

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