RT ECP: Claims - Pollution Legal Liab

August 25, 2023

Redevelopment – Historic Fill

Source: Distinguished Programs An old office building was demolished as part of a high-rise apartment complex redevelopment project. Following demolition, fill material was observed beneath the building slab of the former office building. The former office building was constructed in the vicinity of a historic riverbed and the area was filled to allow for development. […]

August 25, 2023

Las Vegas Hotels Investigated Over Legionnaires’ Disease

Source: https://www.newsweek.com/, August 25, 2023 By: Aleks Phillips Two renowned hotels and casinos in Las Vegas are being investigated by health authorities after several guests staying at them came down with Legionnaires’ disease, a “serious” form of pneumonia caused by a bacterial infection. The Southern Nevada Health District (SNHD) announced it was looking into how […]

August 24, 2023

Redevelopment – Brownfield

Source: Distinguished Programs A vacant riverfront industrial complex was purchased by a developer in order to construct retail, commercial, and residential buildings. During excavation activities, several underground storage tanks were discovered that had not been identified during previous environmental investigations. Soil and groundwater contamination were found on  the property. Contaminated soils were excavated and disposed […]

August 24, 2023

Insurer Berkley Wants Judge in Virginia to Toss $5.8M Jury Verdict Over Mold Claim

Source: https://www.insurancejournal.com/, August 23, 2023 Berkley Assurance Co. is asking a federal judge in Virginia to throw out a $5.8 million jury verdict against it in a case where the insurer maintains a construction firm failed to notify it of its mold claim in a timely manner. The insurer insists that the evidence establishes as […]

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 […]

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