RT ECP: Claims - Pollution Legal Liab

October 29, 2013

United States: Design Professionals May Be Liable For Economic Loss Caused to Residential Homeowners Under California's SB 800 Law

Source: http://www.mondaq.com, October 25, 2013 By: Scott Hennigh, Sheppard Mullin Richter & Hampton Typically an architect is liable under its contract to the owner if it negligently creates a defective design. But whether an architect is liable for the effects of a defective design on parties with whom it has no contract has traditionally been […]

September 20, 2013

Blaze at Okla. chemical plant triggers explosions

Source: http://usnews.nbcnews.com, September 19, 2013 By: Alexander Smith A fire engulfed a chemical plant in Oklahoma early Thursday, heating pressurized containers and causing several explosions, authorities said. The Danlin plant in Thomas, Okla., caught fire at 10 p.m. local time (11 p.m. ET) Wednesday, according to fire officials. Contrary to previous statements by the Thomas […]

May 31, 2013

Mold Hits Senior Care Facility

Source: Great American Environmental Division, May 2013 During recent interior room renovations at a highly rated senior assisted living facility, mold contamination was encountered on the surface and behind vinyl wall coverings. After inspection of over 35 rooms, the cause was determined to he increased humidity levels brought on by occupants opening windows and allowing […]

May 31, 2013

Hidden Mold

Source: Great American Environmental Division, May 2013 An apartment management company was notified of a water leak in the ceiling of one of their units during a heavy rainstorm. After the storm, the property management company sent out their repair contractor to inspect the damage and to provide a cost estimate for the repairs. During […]

May 31, 2013

Nice Greens Cause Loss

Source: Great American Environmental Division, May 2013 A luxury resort operated a golf course near a popular lake that was used by the local community for fishing and swimming. Storm water runoff from the golf course routinely flowed into the lake. Over time, the lake became contaminated due to excess application of pesticides and herbicides […]

May 31, 2013

Phase 1 Missed the Mark

Source: Great American Environmental Division, May 2013 Looking to expand their operations, a company purchased a large piece of property that seemed suitable for redevelopment. Prior to their purchase, the company went through all the proper due diligence including conducting a Phase I site assessment. Although the Phase I did not note any known contamination […]

May 31, 2013

Rainstorm Causes Grief

Source: Great American Environmental Division, May 2013 During a particularly heavy storm, rain water gathered in a puddle on the roof of an office building. Due to a clogged drain, the water level rose higher than the installed protective flashing and entered the drywall behind office furniture. Over time, mold began to grow in the […]

May 31, 2013

Slow Leak Causes Big Problems

Source: Great American Environmental Division, May 2013 A manufacturer operated a machine-press to form metal parts for the automotive industry. A portion of the machine-press was located beneath the concrete slab-floor. For more than 20 years, lubricating oil from the machine-press was released into the soils under the building. When the soil was tested during […]

May 31, 2013

Faulty Valve Leads to Evacuation

Source: Great American Environmental Division, May 2013 The operator of a small waste water treatment plant was in the process of receiving a bulk shipment of chlorine bleach used in the treatment process at the facility. Unfortunately, the valve connecting the hose to the tank was not secure. Before the vendor and operator realized what […]

May 31, 2013

Secured Creditor Exemption Falls Short

Source: Great American Environmental Division, May 2013 A large Financial Institution (FI) entered into a settlement agreement where the FI agreed to reimburse the USEPA for $1.28 million in removal costs incurred at a former wood processing facility. The FI was the successor to the trustee who had held title to the property while the […]

May 31, 2013

Financial Institution Takes a Hit

Source: Great American Environmental Division, May 2013 Recently, a large Financial Institution (FI) was forced to pay the USEPA $80,000 in past response costs. These costs were incurred by the USEPA to remove hazardous waste drums at the facility of a defunct borrower. The FI conducted an auction of equipment and inventory, but left behind […]

May 30, 2013

Redevelopment Hits a Snag

Source: Great American Environmental Division, May 2013 A former mill site was being redeveloped into a condominium complex. The original mill structure was to he preserved while the interior of the building was gutted and renovated. The site was located within a former industrial area and was built on top of historic fill. Additionally, the […]

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