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25 Sep 201810 Common Hurdles to Securing Insurance Coverage for Legacy Contamination, Part 2
Today, we return to our two-part article exploring 10 common issues that arise in pursuing insurance coverage for legacy environmental contamination. Catch up: 10 Common Hurdles to Securing Insurance Coverage for Legacy Contamination, Part 1 6. The “Known Loss” Doctrine. The basic premise of insurance is that it protects against the risk that a policyholder
20 Sep 201810 Common Hurdles to Securing Insurance Coverage for Legacy Contamination, Part 1
In certain circumstances, companies may be able to pursue their historical general liability coverage to offset their potential liability for legacy environmental contamination. For those companies seeking coverage for legacy environmental liabilities, the fundamental, big-picture questions are the same from case to case: Does legacy contamination trigger the historical general liability coverage? Do any exclusions
25 Jul 2018Will a longstanding environmental mystery finally be solved?
This blog post was co-authored by Sean Griggs and Jennifer Baker. Twenty years ago, the Indiana General Assembly enacted the Environmental Legal Action (ELA) statute, Ind. Code § 13-30-9-1 et seq., to allow recovery of costs related to remedial or removal actions that address “the release of a hazardous substance or petroleum into the surface or
12 Jun 2018Appeals Court Recycles RCRA Recycling Exclusions
On May 30, 2018, U.S. EPA published revised Resource Conservation and Recovery Act (RCRA) requirements governing hazardous waste generators. These revised requirements implement a mandate by the U.S. Court of Appeals for the District of Columbia. The court’s decision was based on consideration of revisions U.S. EPA had proposed to the RCRA rules in 2015.
16 May 2018MDEQ’s Regulatory Revisions to Conform to New Federal RCRA Requirements
Michigan is updating its hazardous waste regulations (the “Part 111 rules”) to conform to many recent federal updates to Resource Conservation and Recovery Act (RCRA) regulations regarding the Hazardous Waste Generator Improvements Rule, E-Manifest, Definition of Solid Waste. The state hopes to have these regulatory changes in place before the end of 2018. Among the