March 20, 2020

Can Coverage for COVID-19 Be Excluded?

Source: https://www.natlawreview.com/, March 19, 2020

Business insurance policies contain exclusions precluding coverage under specified circumstances. Two exclusions potentially relevant to COVID-19 claims are the virus, bacteria or communicable disease and pollution exclusions. In this blog post, we examine these exclusions in the context of coverage issues for COVID-19.  Read more.

February 27, 2020

Arco Agrees to Pay $28 Million to Clean Up Montana Mining Town

Source: https://www.courthousenews.com/, February 26, 2020
By: David Reese

Adding to its $1.4 billion already spent on cleaning up former mining sites near Butte, Montana, Atlantic Richfield Company agreed Tuesday to pay another $28 million for mining cleanup costs in Anaconda, Montana.

Anaconda is just 25 miles from Butte, which for over a century has been billed as “The Richest Hill on Earth” for its vast copper reserves. Read more.

February 27, 2020

Wolverine Gets Help From 3M to Pay Off $113M Water Contamination Settlement

Source: https://footwearnews.com/, February 26, 2020
By: Ella Chochrek

Wolverine World Wide says it agreed to a $113 million settlement to address water contamination claims stemming from previous waste management practices at several of its Michigan facilities. Those costs will be partially offset by a $55 million contribution Wolverine is set to receive from 3M, whose chemicals were at the core of the legal claims.

Wolverine, a Rockford, Mich.-based footwear manufacturer, has been involved in dozens of lawsuits pertaining to claims its former use of 3M’s Scotchgard containing PFAS contaminated drinking water and damaged properties in parts of Michigan. Read more.

February 27, 2020

Juliette residents gearing up for fight over alleged coal ash contamination

Source: https://wgxa.tv/, February 26, 2020
By: Nick Gibson

Citizens in the City of Juliette are gearing up for a fight over access to clean water.

They believe that coal ash from Georgia Power’s Plant Scherer has contaminated their groundwater supply and have now taken their battle to lawmakers at the State Capitol. Read more.

December 4, 2019

PFOA suit parties working toward a settlement – and preparing for trial

Source: https://www.benningtonbanner.com/, December 3, 2019
By: Jim Therrien

There is a “settlement conference” scheduled for Jan. 21 in the suit filed by town residents against Saint-Gobain Performance Plastics over PFOA contamination, but that doesn’t necessarily mean a resolution is imminent.

That also doesn’t mean the class-action suit filed in U.S. District Court in May 2016 definitely won’t be resolved early next year prior to a trial. Read more.

October 15, 2019

Second Legionnaires’ Case Reported In Chesterton Schools

Source: https://chicago.cbslocal.com, October 12, 2019

A child has tested positive for Legionnaires’ disease in the Duneland School Corporation in Northwest Indiana, which closed its schools earlier this month after an employee tested positive for the disease.

Chesterton Middle School and Westchester Intermediate School were closed on Oct. 4 after the school district received elevated water testing results for the Legionella bacteria. The schools reopened the following Monday on Oct. 7. Read more.

September 26, 2019

Spill Reported From North Carolina Chemical Company Site

Source: https://www.usnews.com, September 25, 2019

A spill at a chemical company industrial site in North Carolina prompted three water providers to issue alerts and suspend drawing water from the Cape Fear River to prevent their supplies from being tainted.

The StarNews of Wilmington reports the approximately 30-gallon (113-liter) spill came from Kuraray Americas, one of three tenants at the Chemours-managed site about 100 miles (160 kilometers) upstream of Wilmington.  Read more.

August 13, 2019

Lawsuit: Negligence caused Legionnaires’ outbreak at hotel

Source: https://www.advisen.com, August 12, 2019

A lawsuit filed Monday alleges “negligence in the operation and maintenance of the water systems” caused a Legionnaires’ disease outbreak at a downtown Atlanta hotel that killed one person and potentially sickened dozens.

State and county health officials are investigating the outbreak among people who stayed at or visited the Sheraton Atlanta Hotel between June 22 and July 15. There have been 12 lab-confirmed cases of Legionnaires’ disease, including one person who died, and 63 probable cases, Georgia Department of Public Health spokeswoman Nancy Nydam said in an email Monday. Read more.

July 22, 2019

Kentucky to Fine Jim Beam Over Warehouse Fire, Bourbon Spill

Source: https://www.insurancejournal.com, July 15, 2019

Authorities say Jim Beam will be fined for the warehouse fire that contaminated nearby waters with bourbon and killed fish.

Kentucky’s Energy and Environment Cabinet spokesman John Mura tells WKYT-TV that there will be a penalty. He says the state Department of Fish & Wildlife may also fine the company. The cost of the fines was unclear as of last week.

A lightning strike set the Woodford County warehouse on fire July 8 and destroyed about 45,000 barrels of bourbon. The site burned for days and runoff filled with alcohol and firefighting chemicals bled into nearby rivers and creeks, removing oxygen from the water and killing fish.

The cabinet said the nearly 23-mile alcohol plume moved through the Kentucky River and into the Ohio River, where it is dissipating.…

July 2, 2019

Preston needs additional $4 million for cleanup of former Norwich Hospital site

Source: https://www.theday.com, July 1, 2019
By: Claire Bessette

The state’s use decades ago of ash from a coal-fired heating plant at the Norwich Hospital to create roadways and sidewalks throughout the property is resurfacing as an unexpected cost during the final months of the town’s cleanup of the site, which Mohegan Gaming & Entertainment has proposed developing.

Environmental testing and cleanup crews have removed coal ash piles and have dug up former campus roadways to get at ash in the roadbeds. But Preston Redevelopment Agency Chairman Sean Nugent said much more extensive coal ash contamination has been detected on the property.

“We found additional ash cinders below, in some places two feet of ash, then two feet of clean (fill), then two feet of ash beneath that,” Nugent said. “We also found additional asbestos material wrapped around tree roots.”…