RT ECP: Claims - Pollution Legal Liab

August 23, 2023

Institutional – Mercury

Source: Distinguished Programs Students in a university laboratory accidentally dropped a thermometer containing mercury. Unaware of the imminent danger, the students treated the spill casually, causing the mercury to be tracked throughout the school on the bottoms of their shoes. The mercury vapors contaminated the building and students complained of nausea and headaches. The school […]

August 22, 2023

Mold – Sediment Build Up

Source: Distinguished Programs A commercial retail center received complaints from tenants about musty odors coming from the basement storage areas. During a maintenance inspection, it was determined that the basement drains were not able to drain properly  due to the buildup of sediments within the pipes causing water to back up into the storage areas. […]

August 21, 2023

Natural Resource Damage – Wastewater

Source: Distinguished Programs A large dairy farm’s wastewater lagoon failed in a large storm event. This resulted in the release of over 1,000,000 gallons of wastewater containing animal waste  to the surrounding area, with discharges reaching a nearby stream. Cleanup costs and associated natural resource damages exceeded $200,000.

August 18, 2023

Food Processing

Source: Distinguished Programs An ammonia leak was detected at a meat processing and packaging facility that used the gas as a refrigerant, resulting in the evacuation of everyone within a one-mile radius of the facility. There were multiple inhalation- related injuries, as well as damage to food products within the facility. Disposal costs for the […]

August 18, 2023

Residents in a Wisconsin town with extreme PFAS contamination file lawsuit against paper mill

Source: https://www.jsonline.com/, August 18, 2023 By: Laura Schulte  Residents in a small northern Wisconsin town are suing a paper mill they say is responsible for the spread of “forever chemicals” on nearby farm fields, leading to contamination in their private wells. Four residents in the Town of Stella filed a lawsuit last week against the Ahlstrom-Munksjö […]

August 15, 2023

Natural Resource Damage – Bulk Storage

Source: Distinguished Programs A waste-oil tank at a bulk storage facility was overfilled during a routine transfer spilling waste oil into the secondary containment system. A valve in the  secondary containment system was left open during a recent clean-out, and the waste oil was released into the neighboring river. The spill impacted a marina,  river, […]

August 14, 2023

Mold – Residential

Source: Distinguished Programs A child living in an apartment complex began experiencing breathing problems. An inspection of the apartment unit uncovered mold in the bedroom closet from  a leak in the apartment unit directly above. The child developed asthma and the family filed a lawsuit against the apartment complex for the child’s bodily  injuries. The […]

August 14, 2023

Underground Storage Tanks/Insurance Coverage: Federal Court Addresses Timing Issue

Source: https://www.jdsupra.com/, August 14, 2023 The United States District Court (M.D. Florida) (“Court”) addressed in a June 23rd Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc. v. Nautilus Insurance Company, No. 3:21-CV-1104-BJD-PDB, 2023 WL 4227568, at *2 (M.D. Fla. June 23, 2023). The issue considered […]

August 11, 2023

Commercial – HVAC

Source: Distinguished Programs A veterinary office was a tenant in a commercial office park. HVAC repairs were made within the building, and both  workers and customers complained of headaches and nausea due to vapors from sealants used during repairs. The  commercial office park was evacuated as a precaution until the fumes were gone; however, several […]

August 11, 2023

Chemical – Dry Cleaner

Source: Distingished Programs A dry cleaner located in a strip mall filed for bankruptcy leaving behind contamination in the soil and groundwater,  which led to an indoor air issue from soil vapor. The cleanup became the responsibility of the property/strip mall  owner. The owner was required by the state regulatory agency to complete the cleanup […]

August 11, 2023

Chemical/Manufacturing

Source: Distinguished Programs A chemical manufacturing plant caught fire, emitting hazardous vapors into the air and hazardous liquids into the soil and groundwater. The air vapors and groundwater migrated to a number of nearby third-party properties. A  class action lawsuit was filed by the neighboring community for property damage and bodily injury. In addition to  […]

August 10, 2023

Industrial/Manufacturing

Source: Distinguished Programs The owner of a warehouse/industrial park was notified by the state environmental regulatory agency that it had received a complaint regarding groundwater contamination at a neighboring site. An investigation revealed that a  former tenant of the park caused the contamination by discharging production wastewater into a nearby storm  sewer. The former tenant […]

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