Source: https://www.jdsupra.com/, July 14, 2021 A Louisiana Court of Appeals (Fourth Circuit) (“Court”) addressed an insurance coverage issue arising out of contamination associated with a landfill. See The Louisiana Department of Environmental Quality v. Tidewater Landfill, LLC & The Louisiana Fruit Company , et al., 2021 WL 1132241. The question addressed was whether a pollution exclusion provision […]

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 […]

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 […]

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 […]

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, […]

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, […]

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: […]

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 […]

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

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 […]

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. […]

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 […]