Claims – Contr Pollution Liab

July 12, 2018

Toxic soil claims stall San Francisco shipyard development

Dive Brief:

  • Kofi Bonner, co-chief operating officer of Five Point Holdings, developer of the Hunters Point Shipyard/Candlestick Point project on and around the site of a former U.S. Navy shipyard in San Francisco, told the San Francisco Chronicle that the project will be delayed for years due to uncertainty around potentially radioactive soil that is scaring off investors and potential homebuyers.
  • Developers still aim to build more than 12,000 homes, 300 acres of parks, offices, schools and retail developments on the site, but many of those plans were stymied after claims that soil tests and cleanup records completed for the property were falsified. Two former employees of Tetra Tech, which was hired to perform the environmental work under a $250 million contract, pleaded guilty to fabricating soil-related documentation and were sentenced to prison. The Navy, which still has possession of the Hunters Point property, with the exception of one section, Parcel A — which was supposedly never exposed to the Navy’s radiological operations at the shipyard — will not release the land to the city or developers until the soil gets the all-clear through retesting. Officials said they will start testing Parcel A as well.
  • Lennar has built approximately 450 homes on Parcel A, where residential construction continues. Bonner said the company will focus on the Candlestick Point portion of the development, where site and utility work is currently underway without the shadow of potentially toxic soil. Approximately 7,200 residential units, 300,000 square feet of commercial development and a 200-room hotel have been approved for the site, according to Bisnow, but the company in April scuttled plans for a 635,000-square-foot shopping mall, citing a downturn in the brick-and-mortar retail market.
April 25, 2018

GAS LEAK IN SAN FRANCISCO HARMS 16

Source: http://norcal.news, April 25, 2018
By: Bethany Klein

When most people think of environmental disasters in the San Francisco Bay Area, they almost certainly think of earthquakes, seeing that there are two major fault lines near San Francisco.

However, even though earthquakes can wreak immeasurable, unpredictable havoc, they are certainly not always to blame for sending people to hospitals.

Gas leaks are.

On Monday, April 23, 2018, a gas leak at a homeless shelter at roughly 11 a.m. Pacific Savings Time caused people to feel severely nauseous. Construction workers had been digging in an alleyway right before the leak started spreading gas vapor throughout the area with.…

April 17, 2018

Sickened Coal Ash Cleanup Workers Seek Justice From Tennessee Valley Authority Contractor

Source: http://www.truth-out.org, April 17, 2018
By: Sue Sturgis

At the same time the Trump administration is seeking to roll back regulations designed to protect people and the environment from toxic coal ash, hundreds of workers who cleaned up the nation’s largest-ever coal ash spill and claim it sickened them are still waiting for their day in court.

A team of attorneys has filed lawsuits in federal court on behalf of 53 dead and sick workers against Jacobs Engineering, a Fortune 500 government contractor hired by the Tennessee Valley Authority (TVA) to clean up following the spill of over a billion gallons of coal ash from a holding pond at the federally-owned corporation’s Kingston power plant in eastern Tennessee on Dec. 22, 2008. The spill inundated a nearby residential community and contaminated the Emory and Clinch rivers with coal ash, which is laden with heavy metalsradioactive elements, and other health-damaging contaminants. The disaster also spurred the federal regulations now targeted for rollback.

After the USA Today Network-Tennessee published an investigation into conditions at the cleanup site, more workers came forward with similar stories of lung disease, cancers, and skin conditions. Since then, the attorneys involved in the case filed a new lawsuit in state court on behalf of an additional 180 dead or sick workers.

The federal lawsuit is expected to get underway later this year. It was delayed in part due to a fire at the offices of the plaintiffs’ attorneys, the cause of which remains unknown.

While the Environmental Protection Agency (EPA) wanted the cleanup workers to be given protective gear, it met resistance from Jacobs Engineering and The Shaw Group, the Louisiana-based government contractor hired by TVA for technical advice on the project. Workers say the companies downplayed the dangers of coal ash and seemed concerned about alarming the public.

In the end, the EPA signed off on a safety plan that did not require workers to be given protective suits and that made it difficult for them to qualify for a respirator or even a dust mask — and the companies resisted implementing even that.

“Jacobs’ site safety manager, Tom Bock, and TVA site supervisor Gary McDonald both have admitted refusing workers’ requests for respirators and dust masks in violation of the plan’s rules on the approval process,” the USA Today Network-Tennessee reported.

Warnings Were Given

The news network’s reporting on the Kingston cleanup recounted the dangerous working conditions at the spill site, with tornados of coal ash blowing across the landscape and workers eating atop coal ash heaps with only bottled water to clean themselves. However, it did not get all of the facts right. This is how the first story in the series opened:

It was the nation’s largest coal ash spill, and it would bring a stampede of government supervisors, environmental advocates, lawyers, journalists, politicians and contractors to Kingston, Tenn.

But not one of them asked why the hundreds of blue-collar laborers cleaning up the mess weren’t wearing even basic dust masks.

It’s not true that no one visiting the disaster site inquired into the workers’ safety.…

March 21, 2018

Contractors strikes gas main in Mercer County

Source: http://6abc.com, March 19, 2018

A contractor struck a six-inch gas main in Hamilton Township, Mercer County on Monday.

Calls starting coming in around 1 p.m. for a strong smell of gas in the area of the township known as Five Points.

The intersection was closed and traffic was being diverted through the neighborhoods.

Chopper 6 was over the scene as workers fixed the main.

No injuries have been reported.…

February 19, 2018

MVP’s contractor ran into environmental problems during construction of other pipelines

Source: http://www.roanoke.com, February 17, 2018
By: Laurence Hammack

Pipeline Problem Map -- USEA construction company hired to build the Mountain Valley Pipeline worked on three similar projects that were cited by environmental regulators, who found mountainsides turned to muddy slopes and streams clogged with sediment.

The three developers of the natural gas pipelines, two in West Virginia and one in Pennsylvania, failed to comply with plans to control erosion, sediment or industrial waste, according to enforcement actions taken by state regulators.

Precision Pipeline, a Wisconsin company that is a primary contractor for Mountain Valley, played a role in the construction of the earlier projects.

Opponents of the Mountain Valley project fear that the pipeline will bring the same problems to Southwest Virginia, which features mountainous terrain similar to that in West Virginia and Pennsylvania where pipelines were built.

Those worries were heightened by news that the same contractor will be doing the work.

“I have huge concerns about this company being hired,” said Carolyn Reilly, a pipeline opponent who lives along its proposed route in Franklin County.

“There’s already so much distrust with Mountain Valley,” Reilly said. Relying on Precision Pipeline, she said, “just breeds more mistrust.”

February 2, 2018

2017 Construction Industry Silica Standards Are Here to Stay

Source: https://www.lexology.com, January 24, 2018
By: Smith Currie & Hancock

In 2016, the Occupational Safety and Health Administration (“OSHA”) published its final rule lowering the permissible silica exposure level (“PEL”) from 250 µg/m3 to 50 µg/m3. In response, OSHA received petitions from both a collection of industry petitioners (“Industry”) arguing that OSHA made the regulation too stringent and several union petitions (“Unions”) arguing that OSHA failed to make the regulation stringent enough to protect workers. On December 22, 2017, the United States Court of Appeals for the District of Columbia rejected all of the industry’s challenges to the regulation. See N. Am.’s Bldg. Trades Unions v. Occupational Safety & Health Admin., No. 16-1105, 2017 WL 6543858 (D.C. Cir. Dec. 22, 2017). The court further held that OSHA failed to adequately explain its decision to omit medical removal protections from the regulation and remanded the issues for further consideration.

At the forefront of the court’s opinion, it outlines 29 U.S.C. §655(f), “the substantial evidence standard”, under which OSHA only needed to provide substantial evidence to uphold the requisite threshold finding of a significant risk of material health impairment that will be reduced by the new PEL (50 µg/m3). Under this standard, while OSHA must rely upon a “body of reputable scientific thought” when assessing risk, it is not required to “calculate the exact probability of harm” or support its findings with anything approaching scientific certainty.” [pg 8]. “OSHA is not precluded from relying on imperfect evidence so long as it ‘recognize[s] and account[s] for the methodological weaknesses’ of the evidence.” [pg 14]. The basis of the court’s holding is that the Industry failed to demonstrate how OSHA failed to meet its substantial evidentiary burden.…

January 5, 2018

Mariner East 2 construction has resulted in dozens of spills, documents show

Source: https://stateimpact.npr.org, July 19, 2017
By: Susan Phillips

Construction of Sunoco Pipeline’s $3 billion 350-mile long Mariner East 2 pipeline resulted in at least 61 drilling mud spills from April 25 through June 17, 2017, according to newly released documents. The spills have occurred in ten of the 12 counties along the route and range from minor releases of five gallons to larger more serious releases of tens of thousands of gallons. The documents, pasted below, include reports of “inadvertent returns,” and were released by the Department of Environmental Protection as part of ongoing litigation by the Clean Air Council challenging the department’s issuing of water crossing permits for the project last February.

The Council wants the Environmental Hearing Board to suspend construction while its case is pending review, but has so far been unsuccessful.

The spills primarily contain bentonite, a muddy clay substance used as a lubricant in drilling beneath waterways during horizontal directional drilling. Bentonite is non-toxic but can do damage to drinking water wells by clogging up an aquifer. A recent incident in Chester County forced 15 families to switch to bottled water and the company has since agreed to pay to hook residents up to the public water supply after some resident’s water wells went dry, and others experienced cloudy water.…

January 5, 2018

Sunoco Working To Contain Spill Linked To Pipeline

Source: http://philadelphia.cbslocal.com, July 18, 2017
By: Ian Bush

A week after Sunoco agreed to address concerns that its pipeline construction was tainting well water in one Chester County community, two new problems have cropped up — this time, in part of Media, Delaware County.

Its plastic barrier and hay bales, are no match for the deluge along Martins Lane and Glen Riddle Road in Middletown Township.

A spokesman for Sunoco’s Mariner East 2 pipeline calls it a “considerable amount of groundwater” pouring from the drill pad.

He notes no reports of problems with public or private water sources.

It’s the same spot that saw what the company calls “an inadvertent return of drilling mud” — a mixture of water and bentonite clay used to lubricate the underground horizontal boring equipment.

About 1,500 gallons spilled into Chester Creek. Crews worked to pump out that mud.

The state Department of Environmental Protection says there’s no health risk, no reported fish kills from the non-toxic mixture, and no expected long-term impact to the creek.…

January 5, 2018

Pennsylvania Shuts Down Construction On Sunoco Gas Pipeline

Source: http://philadelphia.cbslocal.com, January 3, 2018
By: Jim Melwert

The Pennsylvania Department of Environmental Protection has ordered all construction work to be halted on the $2.5 billion natural gas pipeline that runs from western Pennsylvania to Delaware County’s Marcus Hook.

A 24-page report from DEP cites numerous permit violations by Sunoco on the Mariner East 2 pipeline and suspends all construction permits until the company meets the requirements outlined in the order.

DEP Secretary Patrick McDonnell says in a press release, “Until Sunoco can demonstrate that the permit conditions can and will be followed, DEP has no alternative but to suspend the permits.”…

November 9, 2017

Prepare for the Storm of Construction Claims From the 2017 Hurricane Season

Source: https://www.claimsjournal.com, November 8, 2017
By: James P. Koelzer Partner, Clyde & Co. and Holly S. Harvey Partner, Clyde & Co.

The aftermath of this year’s hurricanes includes massive reconstruction across the impacted areas, which in turn creates an increased possibility for construction defect claims that would affect the liability insurance market.

When Hurricane Harvey swept over large portions of Texas, wind, rain and floods caused heavy damage to land, buildings and other improvements, and also to the inventory of lumber yards and other suppliers. Hurricane Irma then did much the same in Florida. Hurricanes Irma and Maria devastated Puerto Rico, which has additional challenges in getting ready to rebuild due to its island setting and financial situation. Louisiana and other states have also suffered, most recently from tropical storm Nate. Subsequent storm events across the southeastern United States are forecast.…