RT ECP: Claims - Pollution Legal Liab

August 9, 2023

Condominium

Source: Distinguished Programs A high-end condominium complex was undergoing renovations in the common areas of the building. During  renovation activities, wallpaper was removed and mold was discovered. It was determined that the mold was the  result of a slowly leaking pipe behind the wall. All of the drywall adjacent to the pipe needed to be […]

August 7, 2023

Apartment

Source: Distinguished Program During the initial phases of the construction of a wood-frame apartment complex, a major storm event occurred. The building envelope was not closed at the time of the storm. Due to the unexpected nature of the storm, the open areas were not properly covered. Despite best efforts to mitigate the water intrusion […]

August 7, 2023

Heating Oil Underground Storage Tanks (USTS) in the Basement of a Multi-Family Residential Tower

Source: Distinguished Programs A lending institution wanted to offer a loan to refinance a 45-story multifamily residential tower in New York. The boilers in the basement had historically been fueled by heating oil that was stored on-site in several large USTs buried beneath the basement floor. The USTs were no longer in use and had  […]

August 4, 2023

Former Dry Cleaner in a Shopping Center

Source: Distinguished Programs A bank was looking to provide financing for the acquisition of a multi-tenant commercial shopping center in Chicago. The issue holding up the negotiations was their concern with potential environmental impacts from an on- site dry cleaner that had operated for decades prior to vacating the site in the late 1990s. A […]

July 24, 2023

6th Circuit Declines To Resolve PFAS Coverage Dispute

Source: https://www.mondaq.com/, July 24, 2023 By: Clayton Smith, Taft Stettinius & Hollister In June 2023, the U.S. Circuit Court for the Sixth Circuit declined to resolve a unique PFAS state-law issue in Admiral Insurance Co. v. Fire-Dex LLC when it rejected an insurer’s attempt to avoid coverage for per- and polyfluoroalkyl (PFAS) lawsuits and found that the […]

July 17, 2023

Residents of PFAS-polluted island file $42.4 million in claims against Wisconsin city

Source: https://www.cbsnews.com/, July 14, 2023 Residents of an island polluted with PFAS chemicals have filed claims demanding more than $40 million from a western Wisconsin city they say is responsible for the contamination. Municipalities across Wisconsin are grappling with pollution from PFAS, or per- and polyfluoroalkyl substances. The man-made chemicals are present in a range […]

July 12, 2023

For decades, SC farmers have fertilized fields with sludge. It could be having toxic impacts

Source: https://www.thestate.com/, July 12, 2023 By: Sammy Fretwell and Susan Merriam For years, farmers across South Carolina have used sludge from factories and sewage plants to fertilize the fields where crops grow and cattle graze. Applied to thousands of acres since the 1990s, the sludge is billed as a cheap way to enrich the soil. […]

July 10, 2023

Plainfield Twp., Wolverine Worldwide file court paperwork to settle financial dispute

Source: https://www.fox17online.com/, July 7, 2023 By: Lauren Edwards In 2020, Wolverine Worldwide, the State of Michigan and Plainfield and Algoma townships settled a lawsuit regarding the PFAS contamination crisis that residents endured. The per and polyfluoroalkyl substances, also known as the forever chemical, were discovered in the townships’ water systems and led to residents experiencing […]

June 29, 2023

Chemical company to pay $393M to New Jersey over PFAS claims

Source: https://www.advisen.com/, June 29, 2023 By: Erin Ayers The American subsidiary of Solvay, a Belgian chemical manufacturer, agreed to pay $393 million to settle PFAS-related claims in New Jersey in what state officials call a “historic step.” According to New Jersey’s Department of Environmental Protection (NJDEP), Solvay Specialty Polymers USA, LLC produced industrial plastics, coatings, […]

June 27, 2023

Judge allows Burlington School District’s lawsuit against Monsanto to proceed

Source: https://vtdigger.org/. July 26, 2023 By: Patrick Crowley A federal judge denied a motion to dismiss the Burlington School District’s lawsuit against Monsanto on Monday, allowing the suit to proceed. U.S. District Court Judge William Sessions denied the motion in a lawsuit related to PCB contamination at Burlington High School. The school district alleged in […]

June 26, 2023

Freight train carrying hot asphalt, molten sulfur plunges into Yellowstone River as bridge fails

Source: https://apnews.com/ A bridge that crosses the Yellowstone River in Montana collapsed early Saturday, plunging portions of a freight train carrying hazardous materials into the rushing water below. The train cars were carrying hot asphalt and molten sulfur, Stillwater County Disaster and Emergency Services said. Officials shut down drinking water intakes downstream while they evaluated […]

June 23, 2023

3M pays $10.3bn to settle water pollution suit over ‘forever chemicals’

Source: https://www.theguardian.com/, June 22, 2023 3M Co has reached a $10.3bn settlement with a host of US public water systems to resolve water pollution claims tied to “forever chemicals”, the chemical company announced on Thursday. The company said the settlement would provide the funds over a 13-year period to cities, towns and other public water […]

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