Sheryl Barr

April 2, 2020

Citgo ruled liable for millions in Delaware River cleanup costs from 2004 oil spill

Source: https://whyy.org/, April 1, 2020
By: Hannah Chinn

Citgo, the former owner of a Philadelphia-area asphalt refinery, is liable for millions of dollars in cleanup costs stemming from a Delaware River oil spill in 2004, the U.S. Supreme Court ruled this week.

The spill was caused when a tanker approaching the Citgo refinery dock in Paulsboro, New Jersey, struck a submerged anchor. The anchor tore the vessel’s hull, leaking an estimated 264,000 gallons of heavy crude oil into the Delaware River.  Read more.

April 1, 2020

Chemours Claims Against DuPont Over Environmental Liabilities Left to Arbitration

Source: https://www.insurancejournal.com/, April 1, 2020
By: Randall Chase

A Delaware judge has granted the DuPont Co.’s request to dismiss a lawsuit alleging that it massively downplayed the cost of environmental liabilities imposed on spinoff company Chemours.

Vice Chancellor Sam Glasscock III ruled Monday that he has no jurisdiction to hear the case because the separation agreement between the companies clearly states that all disputes arising from the spinoff are subject to binding arbitration. Read more.

April 1, 2020

Judge dismisses Chemours lawsuit against DuPont

Source: Associated Press, March 30, 2020
Posted on: https://www.advisen.com/

A Delaware judge has granted the DuPont Co.’s request to dismiss a lawsuit alleging that it massively downplayed the cost of environmental liabilities imposed on spinoff company Chemours.

Vice Chancellor Sam Glasscock III ruled Monday that he has no jurisdiction to hear the case because the separation agreement between the companies clearly states that all disputes arising from the spinoff are subject to binding arbitration. Read more.

March 31, 2020

Citgo Must Pay $143M for a Delaware River Oil Spill, Supreme Court Orders

Source: https://www.ecowatch.com/, March 31, 2020
By: JOrdan Davidson

A case that has bounced around the lower courts for 13 years was finally settled yesterday when the U.S. Supreme Court upheld a lower court decision, finding oil giant Citgo liable for a clean up of a 2004 oil spill in the Delaware River, according to Reuters.

The spill stemmed from a collision that the Athos I tanker had with an abandoned and submerged anchor as the ship was approaching a Philadelphia-area refinery in New Jersey. The collision pierced the hull, leading to the release of 264,000 gallons of heavy crude oil, according to court documents, as The Hill reported. Read more.

March 31, 2020

Kalispel Tribe files $21 million claim against U.S., companies for firefighting foam contamination

Source: https://www.kxly.com/, March 30, 2020
By: Melissa Luck

The Kalispel Tribe joined multiple other jurisdictions across the country Monday, filing a major lawsuit over water contamination due to cancer-causing chemicals in firefighting foam.

The tribe and Northern Quest Casino are plaintiffs in the claim, filed in federal court. They list damages of $21 million. Read more.

March 31, 2020

Workers’ Comp Premiums Could Skyrocket With Covid-19 Claims

Source: https://news.bloombergenvironment.com/, March 30, 2020

Health-care workers and emergency responders will benefit from rules eased in some states around workers’ compensation that will allow them to collect benefits if they can prove they caught Covid-19 on the job. Some say essential workers like grocery store employees and delivery workers also should qualify.

But employers need to be aware of the changing rules, and be prepared for the likely end result—skyrocketing premiums. Read more.

March 31, 2020

Is COVID-19 a Covered Pollution Exposure? What to Look for in Your Policy Language

Source: https://riskandinsurance.com/, March 23, 2020
By: Grant Nichols

As we grapple with the human and personal effects of COVID-19, the pandemic is forcing companies to closely examine their corporate insurance programs to determine where, if at all, coverage can provide some relief to the economic losses that COVID-19 will cause 

One of the best places to start is by reviewing your pollution legal liability (PLL) policieswhich may have been placed recently, or as long as 10 years ago, but which may provide coverage for some elements of loss related to COVID-19.  Read more.

March 30, 2020

Who Pays When Remediation Goes Wrong? A Federal Court’s Evaluation of Contractor Liability

Source: https://www.lexology.com/, March 26, 2020
By: Michael S. Kettler, Riker Danzig Scherer Hyland & Perretti LLP

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”) has been a prodigious generator of litigation for decades. First, the government sought to compel potentially responsible parties (“PRPs”) to clean up contaminated sites. Then, those PRPs who were found liable or who settled with the government sought contribution from other PRPs. Now, even after these interminable disputes over liability for remediation costs are resolved, the implementation of costly remedies can give rise to yet more litigation if those remedies fail. A recent decision by the federal district court in Philadelphia in Cottman Avenue PRP Group v. AMEC Foster Wheeler Environmental Infrastructure Inc., arising from one of the earliest CERCLA Superfund sites, is an example of this last type of case and offers important lessons both for parties responsible for remediation and the contractors they hire to fulfill those obligations. Read more.

March 26, 2020

Industrial Company Deciding Factor In USS Lead Cleanup In East Chicago

Source: https://www.wfyi.org/, March 26, 2020
By: Rebecca Thiele

An industrial company will be the deciding factor in how well — and how fast — some East Chicago arsenic and lead contamination gets cleaned up.

The Environmental Protection Agency has finalized its plan for the area where the West Calumet Public Housing Complex once stood in the USS Lead Superfund site. While many residents want the area to become housing again, the city intends to let a company called Industrial Development Advantage, LLC move in. Read more.

March 26, 2020

Port nears deal on bulk oil cleanup

Source: https://www.dailyastorian.com/, March 25, 2020
By: Edward Stratton

The Port of Astoria is nearing the settlement of a multidecade argument on how to clean up historical petroleum contamination along the central waterfront.

The Port Commission will likely vote at its next meeting to accept a $2.9 million settlement with McCall Oil & Chemical Corp. and ExxonMobil. The other option is to take the oil companies to court for a better deal, a course the Port’s attorneys have advised against. Read more.