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RT ECP: Landfill

November 27, 2018

$35M cleanup approved for Dayton landfill

Source: https://www.daytondailynews.com, November 21, 2018 By: Chris Stewart A $35-million cleanup agreement has been reached for the Valleycrest Landfill in Old North Dayton. The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice finalized a consent decree with the responsible parties on the 104-acre Superfund site that’s in a mixed residential and industrial […]

January 29, 2018

Premises Pollution Liability Policy: Missouri Appellate Court Addresses Insurance Coverage Issue

Source: https://www.jdsupra.com, January 16, 2018 The Missouri Court of Appeals (Eastern District) addressed in a December 19th opinion a coverage issue involving a Premises Pollution Liability Policy (“ PPL policy”). See Hazelwood Logistics Center, LLC v. Illinois Union Insurance Company, 2017 WL 6460094. The coverage question involved whether a PPL policy applied to methane gas discharging from […]

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 […]

October 24, 2016

Environmental Impairment Liability Insurance/Landfill: Federal District Court (Ohio) Addresses "Known Conditions" Exclusion

Source: http://www.lexology.com, September 22, 2016 By: Walter Wright and Rachel Hildebrand, Mitchell Williams Selig Gates & Woodyard PLLC An Ohio federal district court addressed whether a landfill operator’s insurer was obligated under a claims-based Environmental Impairment Liability (“EIL”) policy to defend and indemnify against claims concerning odors emanating from the landfill. See Tunnell Hill Reclamation, […]

October 6, 2016

Environmental Impairment Liability Insurance/Landfill: Federal District Court (Ohio) Addresses "Known Conditions" Exclusion

Source: http://www.lexology.com, September 22, 2016 By: Walter Wright and Rachel Hildebrand, Mitchell Williams Selig Gates & Woodyard PLLC An Ohio federal district court addressed whether a landfill operator’s insurer was obligated under a claims-based Environmental Impairment Liability (“EIL”) policy to defend and indemnify against claims concerning odors emanating from the landfill. See Tunnell Hill Reclamation, […]

June 8, 2015

Are we seeing a revival in Michigan environmental insurance coverage?

Source: http://www.lexology.com, June 5, 2015 By: Charles M. Denton, Barnes & Thornbug LLP The U.S. District Court for the Western District of Michigan, on Feb. 3, 2015, ruled in favor of a policyholder seeking insurance coverage for “Superfund” cleanup costs:  Decker Manufacturing Corp. v. Travelers Indemnity, No. 1:13-CV-820. The court rejected the insurer’s pollution exclusion defense: […]

March 6, 2015

Bozeman insurer balks on landfill coverage, suit says

Source: http://www.bozemandailychronicle.com, March 4, 2015 By: Eric Dietrich The city of Bozeman — facing three lawsuits filed over gases leaking from its closed Story Mill Landfill — may not have legal fees and potential damage awards covered by its municipal insurance, according to a fourth lawsuit filed in Helena. The suit, filed Dec. 15 by […]

December 6, 2012

SC Landfill Operator Sued

Read here about a landfill operator in South Carolina who is being sued over odors.

July 16, 2012

Class action suit against landfill odors threatened

Source: http://www.mercurynews.com, July 12, 2012 By: Ian Bauer, Milpitas Post Out-of-town lawyers specializing in class action lawsuits about pet food recalls, sewage backups and odors generated by landfills say they plan to file a class action suit against the operators of the Newby Island Landfill and Resource Recovery Park on the Milpitas-San Jose border. Evans […]

May 7, 2012

Nuisance Odor Results in $2.3 Million in Damages

Source: Marketing Weekly News, May 5, 2012 Posted on: http://envfpn.advisen.com Last month, The State published a news story about a federal jury awarding six residents of Bishopville, South Carolina with a $2.3 million verdict. The residents had complained and filed a lawsuit against a landfill owner for nuisance odors that they claimed made their life miserable. […]

April 4, 2012

Environmental Facilities – Landfill Odor Complaints

Source: Rockhill Environmental/NECC Newsletter A landfill was issued violations by a state regulatory authority for an alleged failure to maintain their landfill gas collection system. The landfill also received odor complaints from neighboring residents. A lawsuit was filed by a neighboring shopping center, claiming a significant loss of business due to customer odor complaints. A second […]

April 14, 2011

Stanislaus County landfill solution ordered

Source: The Modesto Bee, April 9, 2011 By: Garth Stapley The government must have had its reasons, 40 years ago, for turning gently rolling land near a peaceful river bend into a dump. Maybe no one wanted it for anything else. It likely was cheap and available, and — nine miles east of Modesto — […]

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